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ON
RIGHT TO INFORMATION ACT, 2005
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS
During the course of evolving of the RTI Act, 2005, Department of Personnel and Training (DoPT) has
issued clarifications on various provision of the Act. For the convenience of the citizens, a
compendium of Office Memorandums (OMs) and Notifications issued by DoPT has been launched
online, with topic wise search facility.
It is hoped that online topic based search of OMs issued by DoPT would further enhance the
understanding of the provisions of the Act by both information seekers and information providers. This
would go a long way in further strengthening the RTI regime.
AJAY MITTAL
Secretary
Department of Personnel and Training
New Delhi
November, 2017
INDEX
OFFICE MEMRANDUM
The under signed is directed to say that Section 5 (2) of the Right to
Information Act, 2005 provides that every public authority shall designate an
officer within 100 days of the enactment of this Act, at each sub-divisional or
other sub-district level as a Central Assistant Public Information Officer to
receive the applications for information or appeals under this Act for forwarding
the same forthwith to the Central Public Information Officer or senior officer
specified under sub-section (1) of section 19 or the Central Information
Commission, as the case may be.
c-
(T.Jacob)
Joint Secretary to the Government of India
To
2. The Act does not contain any special provision about the method of supply of information
in respect of allegations of corruption by the above referred organizations. It, however, provides
that information in respect of allegations of violation of human rights shall be given only after the
approval of the Central Information Commission. In either case, it is possible that the applicant
may not receive a decision within the time specified or he may be aggrieved by the decision
communicated to him. In such a case, he may like to exercise his right to appeal as provided in
section 19 of the Act.
3. Keeping above facts in view, all the organizations specified in the Second Schedule of the
RTI Act, 2005 are advised to designate Central Public lnfonnation Officers (CPIO) immediately, if
it has not been done so far. These organization are also advised to specify the First Appellate
Authorities within the organizations and publish the details of the CPIOs and the Appellate
Authorities.
Copy. also to: the Chief Secretaries of all the Statcs/UTs. Office Address with Location:
2
No.1/32/2007-IR
Government of India.
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
OFFICE MEMORANDUM
2. It is, therefore, requested that all public authorities with more than one
PIO should create a central point within the organisation where all the RTI
applications and the appeals addressed to the First Appellate Authorities may be
received. An officer should be made responsible to ensure that all the RTI
applications/appeals received at the central point are sent to the concerned
Public Information Officers/Appellate Authorities, on the same day. For
instance, the RTI applications/appeals may be received in the Receipt and Issue
Section/ Central Registry Section of the Ministry/Department
/Organsiation/Agency and distributed to the concerned PIOs/Appellate
Authorities. The R&I/CR Section may maintain a separate register for the
purpose. The Officer-in-Charge/Branch Officer of the Section may ensure that
the applications/appeals received are distributed the same day.
4
3. Sub-section (8) of Section 7 of the RTI Act provides· that where a request
for information is rejected, the Public Information Officer shall, inter-alia,
communicate to the person making the request the particulars of the Appellate
Authority. Thus, the applicant is informed about the particulars of the Appellate
Authority when a request for information is rejected. There may be cases where
the Public Information Officer does not reject the application, but the applicant
does not receive a decision within the time as specified in the Act or he is
aggrieved by the decision of the Public Information Officer. ln such cases the
applicant may like to exercise his right to appeal. But in absence of the
particulars of the appellate authority, the applicant may face difficulty in
making an appeal. It has, therefore, been decided that all the public authotities
shall designate the First Appellate Authorities and publish their particulars
alongwith the particulars of the PIOs.
(K.G� Verma)
Director
5
No. 4/9/2008-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
******
North Block, New Delhi
Dated the 241h June, 2008
OFFICE MEMORANDUM
. .... 2/-
4. All Ministries/Departments etc. are requested to bring the
contents of this OM to the notice of all concerned and ensure
compliance thereof.
•
(K.G. Verma)
Director
To
...
Department of Personnel and Training
OFFICE MEMORANDUM
Sub-section 4(1) (b) of the RTI Act, 2005 lays down the items of
Section 4(2) and section 4(3) prescribe the method of dissemination of this
the functioning of the Public Authorities more transparent and also to reduce
disclosure audited.
other particulars of the Public Information Officers and its updation on yearly
basis. It has been observed that in some of the public authorities, there are
frequent changes at the level of the Central Public Information omcers
(CPIOs) and First Appellate Authorities (FMs). During updation of the names
and designations of the CP10s I FMs, the public authorities remove the
names and designations of the earlier ones from their website. In the absence
of complete details (name and designation etc.) of the CPIO concerned at the
Authorities are requested to put on their website the details of all such officers
designated during different periods, beginning from 191 January, 2015 till date
�t:-L--
(Gayatri Mishra)
Director
Tele 2309 2755
OFFICE MEMORANDUM
Subject: Payment of fee under the RTI Act by demand draft/bankers cheque/Indian
Postal Order.
3. �-
Contents of this OM may be brought to the notice of all concern. ....
..
(K.G. Verma)
Director
· Tel: 23092158
OFFICE-MEMORANDUM
Subject : Payment of fee under the Right to Information Act, 2005 - scope of sub-
.......
section (3) of Section 7 of the Act.
The Undersigned is directed to say that a question is raised from time to time
whether a Public Information Officer (PIO) has power to charge fee under Section
7(3) of the RTI Act. 2005 in addition to fee prescribed under Sections 6(1), 7(1) and
7(5) of the Act.
2. Section 6(1) of the Act enables the Government to prescribe application fee
and sub-sections (1) and (5) of Section 7 to prescribe fee in addition to application
fee for supply of information. On the other hand sub-section (3) of Section 7
provides the procedure which a PIO has to follow for realizing the fee prescribed
under sub-sections (1) and (5) of the Section. Details of fees that can be charged by
a public authority under the Central Government are contained in the Right to
Information (Regulation of Fee & Cost) Rules, 2005. The Rules or the Act do not
give power to the PIO to charge any fee other than prescribed in the Fee and Cost
Rules. Attention in this regard is invited to following extracts from the common order
passed by the Central Information Commission in Appeal No. CIC/MA/A/2008/0185
(Shri K.K. Kishore Vs. Institute of Company Secretaries of India) and Complaint
No.CIC/WB/C/2007/00943 (Shri Subodh Jain Vs. Dy. Commissioner of Police):
"The Act under proviso to sub-section (5) of Section 7 also provides that fee
prescribed under sub-sections (1) and (5) of Section 7 shall be reasonable
and no such fee shall be charged from the persons who are below poverty
line as may be determined by the Appropriate Government. The
Government has already prescribed fees as deemed reasonable mandated
under Sections 7(1) and 7(5) of the Act and in the view of the Commission,
there is no provision for any further fee apart from the one already prescribed
under Sections 7(1) and 7(5) of the Act'.
"Thus, there is provision for charging of fee only under Section 6(1) which is
the application fee; Section 7(1) which is the fee charged for photocopying
etc. and Section 7 (5) which is for getting information in printed or electronic
format. But there is no provision for any further fee and if any further fee is
being charged by the Public Authorities in addition to what is already
prescribed under Section 6(1 ). 7(1) and 7(5) of the Act, the same would be in
contravention of the Right to Information Act. The "further fee" mentioned in
Section 7(3) only refers to the procedure in availing of the further fee already
prescribed under 7(5) of the RTI Act, which is "further" in terms of the basic
fee of Rs.10/- . Section 7(3), therefore, provides for procedure for realizing
the fees so prescribed".
4. The Right to Information (Regulation of Fee & Cost) Rules, 2005 already
provide provisions for charging of fee for giving information in diskettes or floppies or
in the form of photo copy; for providing samples, models, printed material like books,
maps, plans etc; and for inspection of records. The Government have, however, not
considered it desirable to charge fee towards expenditure involved in mailing
information or overhead expenditure etc. Nevertheless, supply of information in a
form which would disproportionately divert the resources of the public authority is
taken care of by Section 7(9) of the Act according to which information shall
ordinarily be provided in the form in which it is sought but supply of information in a
particular form may be refused if supply of information in that form would divert the
resources of the public authority disproportionately.
5. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
...
Subject:- Hormonlzotion of tee pcvoble under the Righi to lnlormolion Act. 2005 .
.___.___
Sir,
......
Subfect:- Payment of fee under the RTI Act by Indian Postal Order .
treated as refU$0l to accept the application. It moy result Into imposftton 4:>f penalty
by the Central Information Commlssfon on the ·concerned central Pvb1c lnfonnatton
Officer undef Sectton 20 of the Act. Al the pubic ovfho,tfkts shou1d. therefore,
ensuf9 fhot paymen� of fee by IPO Is not derued.
-
( K.G. V
.
otect«
Tele 2309 2158
OFFICE MEMORANDUM
Subj cl: Timely intimation about payment of additional fee under RTI Act
2005.
�
(Sandeep Jain)
Deputy Secretary
... 2. ·�nion Public Service Commission. Lok Sabha Sectt. Rajya Sabha
ecretoriat. Cabinet Secretoriot. Central Vigilance Commission.
resident's Secretoriot. Vice-President's Secretariat. Prime Minister's Office.
lonning Commission. Election Commission.
3. Central lnfor.mation Commission/State Information Commissions.
5. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
OFflCll M.!!MORA'ffil)l\f
Subject: Clariffoation ,e�,atdi,)R Sub-sections i4) arid {5) ()f Section -5 of the Ri.1:?bt to
J.niUmullion Act. 200�·.
• ••
Sub-secuons (4j and (5) of section 5 of the- Right. ti) lnf<:.'PTtlltion Act 2005,
p10\'icli: IJJut a Public Information Office, (PlO) mey sock the. assistance of any ether
officer tor proper dischaegc cf bh:/her duties. The officer, whose u.ssista.nce is so
sought. shall render all a.cisist.'\l\Ce IQ tbe PJO and .:;hsJf be ln'�nt,d es a PIO for the
p1upose of ccntrevenncu of.the provisions nf the Act. It hes been brought ll'J tbe
notice of this Department d�l some PIO,;., using tJ,e above provision of the Act,
traosf.er the kn applicatioo!'> rcceoed l;)y lhdD eo other officer.! and dirt'c.t uiem to
send illfo..:.n(llion to the opplicrum l'IS deemed PlO. Thus. they use the above r.d'el'!'ed
provision to dcsi£JlSte other officers as PIO.
2 Accon:line,. to tbe A-.:1, il is the rc11pon$il)iJjty of' the officer wbo is designated as
tbe no by the rmhlic :1u1.llvri1y IQ provide inf.)JH\:"ttion to the ni1plie."im ,), reject the
application for any reasons spe.cifted in sections R end � of the AC'l. The Acr �,::ibks
the PIO to� assistance vf any other orlkci: to l.".nal-le him ta provid.:: i.ufunnulk'll to
the ia!Onnatioo sc�er. bm it does not give him uuthority to dcsii1.ate '"�" other
· .offt.ct:r 11s PIO and di,-c.:r. bb» 1('1 Sl;'J'Jd reply to th� 3f)pJh:tml. The import of $ul:>•Sel';tioo
(5) of sccrioa Si& t.hi'tt, if I.be ofticer wbose esslsueee is l:nush,, by the PJO. dots net
n:o<.!� necessary help 10 him. the Jntormetion Ommtissinn Jn:l)' impose penal(y on
such officer or recommend Jisi:jpJioary acuon �_gains1. him ,h? same way as the
Cornmlsslon may impose- pennhy ()(l or ;CCOJT.mcnd dise,iplirn1ry acuon a£ain�t the
PIO.
(X.O. verme)
Director
t , All the Minimic..:. / Ocp;txh.n�nls of the. Govemmeru of ludia
2. Unioo Public Service Commi,nk,,,1,: Lok. Sabha Se�U./ Rajyn S.abha
�,ecrctariat/ Cahlnet Se,:.J�luriatt Ccnw,I Vigilance Ooaunissiou' President's
Secretariat/ Vice-President's Secretariat/ Prime Minister's Office/ Planning
Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
6. All officers I Desks I Sections, DOP&T and Department of Pension and
Pensioners Welfare.
OFFICE MEMORANDUM
s�'-�--
.: . ,
(Sandeep Jain)
Deputy Secretary
.....
. .. : .
0
·. . · [a) The. · user · n�ds to· get · himself: i:egisteied at either of � � w�bsites
. : http:/lwww.�.gov.in ()r.miodiapost.jroy,fo .. . . ' : '. '.
. .
Min�(qepar1m�'11(� � �.iie.si� -�-�-�·-'
.·.-: .[bJ ._.He-.lia;; � the
se
•
·.. ·,· · · •· information under .the RTfAct and the; o-IPO so.geocr:md, by miking pay!!!,CUt
• '. .• ' • • # • • • • • 'i, •
· .. _. ·. ·,·· usi.iig .Oeb.if or Credit. �. can be 'used 1o seek' inf� from' t!l8t
. : . : Ministry!pepat bueut only. . . . . . ·. • . .: ..
[c] A .JiO•. of the e-lPO is requued to.be llttached with die R'JI app�. If lbe . ,' ··
· ,.RTI app��oo i, !)eia,g filed elec1rooicall):,· c-IPO is � � be � 111 · •
. attachment. . . . .
as. .•
[d] This �lity is only for purchasing' an Indi111 l'� :Q-der ��� All
· the
requiremeets for filing� RTI applicalioo.a.s �well as other provi,ioos-�ing
· · . eligibility, time' .limit, exemptions eee., as -provided in Jbe- ·�n Act; 2905 will
· . · .couti.pue to apply. . . . . ,� � ·
• • • • • •• • • • #
·3. · . · : it
!las -� orougb( t� the: notice-� this th�
,1
• • • ' ,• • ." I '
oe.,�r�mcot'
• • • ,. •
indian ·c� lMng . .- · . '
'
..
...... -·
S. This may be brought to the notice of all concerned.
/Y!an;-;rv,1..·
(Manoj Joshi)
Joint Secretary (AT&A)
Tel: 23093688
Copy to: Ms. Sujara Choudhary, General Manager (BP), Deptt. of Posts, Business
Development and Marketing Directorate, Oak Bhawan, Sansad Marg, New Delhi for
information w.r.t. their letter No. 65-04/2013-BO&MD dated 17.09.2013.
S.no. Name of the Indian Mission/Post
1 Embassy of lndia,Kabul, Afghanistan
2 Consulate General of India, Herat, Afghanistan
3 Consulate General of India, Jalalabad, Afghanistan
4 Consulate General of India, Kandahar, Afghanistan
5 Consulate General of India, Mazar-e-Sharif, Afghanistan
6 Embassy of India, Algiers.Algeria
7 Embassy of India, Luanda, Angola
8 Embassy of India, Buenos Aires, Argentina
9 Embassy of India.Yerevan, Armenia
10 High Commission of India, Canberra, Australia
11 Consulate General of India, Melbourne, Australia
12 Consulate General of India, Perth, Australia
13 Consulate General of India, Sydney, Australia
14 Embassy of lndia,Vienna, Austria
15 Embassy of India, Baku, Azerbaijan
16 Embassy of lndia,Manama, Bahrain
17 High Commission of lndia,Dhaka, Bangladesh
18 Assistant High Commission of India, Chittagong, Bangladesh
19 Assistant High Commission of india, Rajshahi, Bangladesh
20 Embassy of India, Minsk, Belarus
21 Embassy of India, Brussels, Belgium
22 Embassy of lndia.Thimphu, Bhutan
23 Consulate General of India, Phuentshollng, Bhutan
24 High Commission of lndia,Gaborone, Botswana
25 Embassy of India, Brasllla, Brazil
26 Consulate General of India, Sao Paulo, Brazil
27 High Commission of India.Bandar Serl Begawan, Brunel Darussalam
28 Embassy of India, Sofia.Bulgaria
29 Embassy of India, Pnom Penh,Cambodla
30 High Commission of India, Ottawa, Canada
31 Consulate General of India, Toronto, Canada
32 Consulate General of lndia, Vancouver, Canada
33 Embassy of lndia,Santiago, Chile
34 Embassy of India, Beijing, China
35 Consulate General of India, Guangzhou, China
36 Consulate General of India, Hongkong
37 Consulate General of India, Shanghai, China
38 Embassy of India, Bogota, Colombia
39 Embassy of India, Democratic Republic of Congo
40 Embassy of lndla,Abldjan, Ivory Coast
41 Embassy of India, Zagreb, Croatia
42 Embassy of India, Havana, Cuba
43 High Commission of India, Nicosia, Cyprus
44 Embassy of India, Prague, Czech Republic
45 Emba.ssy of India.Copenhagen, Denmark
46 Embassy of India, Cairo, Egypt
47 Embassy of India.Addis Ababa, Ethiopia
48 High Commission of India, Suva, Fiji islands
49 Embassy of India, Helsinki, Finland
SO Embassy of India, Paris, France
51 Permanent Delegation of India to the UNESCO, Paris. France
52 Consulate General of India, Saint Denis, Reunion Island
53 Embassy of India.Berlin, Germany
54 Consulate General of India, Frankfurt, Germany
SS Consulate General of India, Hamburg, Germany
56 Consulate General of India, Munich, Germany
57 High Commission of India, Acc,a, Ghana
SS Embassy of India, .Athens, Greece
59 Embassy of India, Guatemala City, Guatemala
60 High Commission of India, Georgetown, Guyana
61 Embassy of India, Budapest, Hungary
62 Embassy of lndia,Reykjavik, Iceland
63 Embassy of India, Jakarta, Indonesia
64 Consulate General of India, Medan, Indonesia
65 Embassy of India, Tehran, Iran
66 Consulate General of India, Bandar Abbas, Iran
67 Consulate General of India, Zahidan, Iran
68 Embassy of India, Baghdad, Iraq
69 Embassy of India, Dublin, Ireland
70 Embassy of India, Tel Aviv, Israel
71 Embassy of India, Rome, Italy
72 Consulate General of India, Milan, Italy
73 High Commission of India, Kingston, Jamaica
74 Embassy of India, Tokyo, Japan
75 Consulate General of India, Osaka-Kobe, Japan
76 Embassy of India, Amman, Jordan
77 Embassy of India, Astana, Kazakhstan
78 High Commission of India, Nairobi,Kenya
79 Assistant High Commission of India, Mombasa, Kenya
80 Embassy of India, Pyongyang. DPR Korea
81 Embassy of India, Seoul, Republic of Korea
82 Embassy of India, Safat, Kuwait
83 Embassy of India, Bishkek, Kyrgyztan
84 Emnbassy of India, Vientiane, Lao People's Democratic Republic
85 Embassy of India, Beirut, Lebanon
86 Embassy of India, Tripoli, Libya
87 Embassy of India, Antananarivo, Madagascar
88 High Commission of India, Kuala Lumpur, Malaysia
89 High Commission of India, Male, Republic of Maldives
90 Embassy of India, Bamako, Mali
91 High Commission of India, Port Louis, Mauritius
92 Embassy of India, Mexico
93 Embassy of India, Ulaanbaatar,Mongolia
94 Embassy of India, Rabat, Morocco
95 High Commission of India, Maputo, Mozambique
96 Embassy of India, Yangon, Myanmar
97 Consulate General of India, Mandalay, Myanmar
98 High CommiSSion of India, Windhoek, Namibia
99 Embassy of India, Kathmandu, Nepal
100 Embassy of India Camp Office, Biratnagar, Nepal
101 Consulate General of India, Birgunj, Nepal
102 Embassy of India, The Hague, Netherlands
103 High Commission of India, Wellington, New Zealand
104 Embassy of India, Niamey, Niger
105 High Commission of India, Abuja, Nigeria
106 Office of the High Commission of India, Lagos, Nigeria
107 Embassy of India, Oslo, Norway
108 Embassy of India, Muscat, Sultanate of Oman
109 High Commission of lndla,lslamabad, Pakistan
110 · Representative Office of India, Ramallah City, State ofPalestine
111 Embassy of India, Panama
112 High Commission of India, Port Moresby, Papua New Guinea
113 Embassy of India, Lima, Peru
114 Embassy of India, Manila, Philippines
115 Embassy of India, Lisbon, Portugal
116 Embassy of India, Doha, Qatar
117 Embassyofindia,Bucharest,, Romania
118 Embassy of India, Moscow, Russian Federation
119 Consulate General of India, St. Petersburg, Russian federation
120 Consulate General of India, Vladivostok, Russian Federation
121 Embassy of India, Riyadh, Saudi Arabia
122 Consulate General of India, Jeddah, Saudi Arabia
123 Embassy of India, Dakar, Senegal
124 Embassy of India, Belgrade, Republic of Serbia
125 High Commission of India, Victoria, Seychelles
126 High Commission of India, Singapore
127 Embassy of India, Bratislava, Slovak Republic
128 Embassy of India, Ljubljana, Slovenia
129 High Commission of India, Pretoria, South Africa
BO Consulate General of India, cape Town, South Africa
Bl Consulate General of India, Durban, South Africa
132 Consulate General of India, Johannesburg, South Africa
133 Embassy of India, Madrid, Spain
134 High Commission of India, Colombo, Sri Lanka
135 Assistant High Commission of India, Kandy, sri Lanka
136 Consulate General of India, Hambantota, Sri Lanka
137 Consulate General of India, Jaffna,.Sri Lanka
138 Embassy of India, Khartoum, Sudan
139 Consulate General of India, Juba, Sudan
140 Embassy of India, Paramaribo, Suriname
141 Embassy of India, Stockholm, Sweden
142 Embassy of India, Berne, Switzerland
143 Consulate General of India, Geneva, Switzerland
144 Permanent Mission of India to the UN Offices in Geneva, Switzerland
145 Embassy of India, Damascus, Syria
146 Embassy of India, Dushanbe, Tajikistan
147 High Commission of India, Dar es Salaam, Tanzania
.,
148 Consulate General of India, Zanzibar, Tanzania
149 Embassy of India, Bangkok, Thailand
150 Consulate of India, Chiangmai, Thailand
151 High Commission of India, Trinidad & Tobago, West Indies
152 Embassy of India, Tunis, Tunisia
153 Embassy of India, Istanbul, Turkey
154 Consulate General of India, Istanbul, Turkey
155 Embassy of India, Ashgabat, Turkmenistan
156 High Commission of lndla,Kampala, Uganda
157 Embassy of India, Kyiv, Ukraine
158 Embassy of India, Abu Dhabi, UAE
159 Consulate General of India, Dubai, UAE
· 160 High Commission of India, London, United Kingdom
161 Consulate General of India, Birmingham, United Kingdom
162 Consulate General of India, Edinburgh, United Kingdom
163 Embassy of India, Washington, USA
164 Consulate General of India, Atlanta, USA
165 Consulate General of India, Chicago, USA
166 Consulate general of India, Houston, USA
167 Consulate General of India, New York, USA
168 Consulate General of India, San Francisco, USA
169 Permanent Mission of India to the UN,New York, USA
170 Embassy of India, Tashkent, Uzbekistan
171 Embassy of India, Caracas, Venezuela
172 Embassy of India, Hanoi, Vietnam
173 Consulate General of India, Ho Chi Minh City, Vietnam
174 Embassy of India, Sana'a, Yemen
175 High Commission of India, Lusaka, Zambia
176 Embassy of India, Harare, Zimbabwe
No.1/1/2013-1 R
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
Subject: Launch of RTI web portal for online filing of RTI application.
A Web Portal namely RTI Online with url https:llrtionline.gov.in has been
launched. This portal, developed by NIC, is a facility for the Indian Citizens to online
file RTI applications and first appeals and also to make online payment of RTI fees.
The prescribed fees can be paid through Internet banking of State Bank of India and
its associate banks as well as by Credit/Debit cards of Visa/Master, through the
payment gateway of SBI linked to this site.
3. This system would work as RTI MIS also. The details of RTI applications
received through post should also be entered into this system. The system would
also provide for online reply of RTI applications, though reply could be sent by
regular post also.
5. The screen shot of the home page of the portal, the terms and conditions and
copy of the O.M.No.1/1/2013-IR dated 08.04.2013 issued in respect of DoPT are
enclosed for information.
� -
j � �� --r:::-__.
(Sandeep Jain)
Deputy Secretary
Tele: 23092755
Copy to:
1. Union Public Service Commission, Lok Sabha Secretariat, Rajya Sabha
Secretariat, Cabinet Secretariat, Central Vigilance Commission, President's
Secretariat, Vice-President's Secretariat, Prime Minister's Office, Planning
Commission, Election Commission.
2. Central Information Commission.
3. Staff Selection Commission, CGO Complex, New Delhi
4. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
RTI Online :: Online RTI Information System --:, - Page I of I
------···--·---·------------------------------------
T
I
RTI Online
L . _
Home Submit Request Submit First Appeal View Status FAQ
Presently, the Online fl ling of RT! Request and Appeal Is avalable ONLY for Department of Personnel & 'J'ralnlng (DOPT).
•
along with payment gateway. Payment can be made
through internet banking of SBI & its associate banks aad
O.irm.antc.:
'--------'
ml
<lcbil/Cn�it cun..i� nf Mut.tcr/Visa. Through this pOrtol RTI
applk:ttions/first appeals can be filed by Indian Citfaens RIGHTTO
only for thl� main miuistriesjdeparunents nf Central Gcvt.,
� INFORMATION
located ttt New Delhi. RTI applic:ations/fu'St appeals should
not be filed for other Public authorities under
' C'entrol/St�tc Govt. tlll'Ough tbis portal,
NotR�YN,
Please read instructions can:fnlly while
ttuh1nltt1ns. request/appeal.
------ --------.. >
1- ' ' .. --·· --·---·
Help Desk : for any queries related to thls portal, Please contact at ou-2462.2461, during normal office hours.
---------�---------------------------------------·
Right to Information Act 2005 Important links
Ri,;ht to lutormmlon .'\l'l :lc.)()5 mandntes 1in1t.ly �llOll.'t: 10 citiit-n �uMS for KO\"anml'.ut Nnrlnnnl lnforrontie;,; C.Cntl't'
informntion. It is au initiative wkcn by L)c,-..1rtmcot nf Prrsonnrl and Truiniu� Ministry or
Pt�1"Nonnd, P11h1IC' Gric.',·t\n('(!s and Pension"! to provide a RTI Port:tl C"urw:iy to tht citU-A!n$ for Riehl tu lnfonDDlion
quk:k �e1u·c:h nf info1,nntion nn the drtoils or fi111t Ar,pcllt1tt Authorities, PIO. etc.
·� �----------------------------------------'
1. Thi, Weh Poatal can be UK-d by Indian citiul\l to file RTI appli<,itiou ouline and al,;o to make payment for RTI •pplication
must attach a copy of the certificate Issued by the appropriate government in this reg11rd, aloogwith the application.
12. On submission of an applicatlcn, a unique registmtion number would be issued. which may be referred by the applicant for
""Y
references in future.
13. The application filed through this Web Portal wonld reach c.lc,:tronically to the "NodJtl Office,·· of DoPT, who would transmit
the RT! appllcation electronically to tbe concerned CPIO.
14. In case additional fee ls required representing the eosr for p?OYiding Information, the CPIO would intimate the applicant
through thi• portal. 1i,1., Intlmation can be seen by the applicant through Status Report or through his/her c·man alert.
15. Fol' m•king an appeal to the first Appellate Authority, the applicant bas to click At "Submh Appeal" •nd fill up the page that
will •PJ>eOr.
16. The reglstt'tltlon number of original application bas to be used for refere nee.
17. A,, per RTI Act, no fee has to be paid for first appeal.
18. At present, nn •1>pliritnt/thc appellant con see the fullowing•tatus:
(i) A1>11llcation filed on ..
(ii) Additional fees, if requlred ..
(Iii) A1>1X!al filed Oil ..
(Iv) Re�He<l on ..
19. The applicont{tbc appellant should submit his/her mobile number to reccive SMS alert.
20. All the requirements for filing an RTI applic:ntion and finn appeal u well III other provisions n,gnrding time limit,
exemption, etc., U$ J>l'Ovid(...-d in the RTI Act, 2005 wilt continue lo apply.
http://rtionline.gov.in/guidelines.php?request 05-04-2013
-�-
No.1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
Subject: Launch of RTI web portal for online filing of RTI application.
A Web Portal namely RTI Online with url https:llrtionline.gov.in has been
launched. This is a facility for the Indian Citizens to file RTI applications and first
appeals online and also to make payment of RTI fees online. To begin with, this
facility is available only for Department of Personnel and Training (DoPT).
2. The applicant can pay the prescribed fee through the following modes:
a) Internet banking through State Bank of India and its associate banks;
b) Credit/Debit card of Visa/Master.
3. As prescribed in the RTI Rules, 2012, RTI application fee is Rupees 10/-. No
RTI fee is required to be paid by any citizen who is below poverty line. However,
such applicant must attach a copy of the certificate issued by the appropriate
government in this regard, along with the application.
4. The application filed through this Web Portal would reach electronically to the
"Nodal Officer" of DoPT. The Nodal Officer shall access this portal at least twice
in a day. He shall transmit the RTI application electronically to the concerned
CPIO. In case the RTI application is not meant for DoPT, the "Nodal Officer" shall
transfer the application physically to the concerned public authority, under section
6(3) of the RTI Act.
5. Each CPIO has been provided usemame and password by the Nodal Officer,
to login. All CPIOs shall regularly check the portal, atleast once in a day, to know
whether any new RTI application has been received or not.
7. The first appeals filed through this Web Portal would also reach electronically
to the "Nodal Officer" of DoPT, who would transmit the appeals electronically to
the concerned First Appellate Authority (FAA). Each FAA would be provided
-6-
username and password by the Nodal Officer to login. All FAAs shall regularly
check the portal to know whether any new appeal has been received or not.
8. The CPIOs and the FAAs shall reply to the applicant/appellant electronically
through this portal. However, if the volume of information to be supplied is large,
the same could be sent through post, as being done at present.
9. The RTI applications received physically through Oak in RTI Cell should also
be entered in the Portal by the Nodal Officer/RTI Cell, before forwarding to the
concerned CPIO. The RTI applications received physically°through Oak directly
by the CPIO should also be entered in the Portal by the concerned CPIO. The
CPIOs should reply to such applications physically through post
11. All the requirements for filing an RTI application and first appeal as well as
other provisions regarding time limit, exemptions etc., as provided in the RTI Act,
2005 shall continue to apply.
.s:oU-
!
(Sandeep Jain)
Deputy Secretary
All Officers/Desks/Sections, DOP&T
No.1/1/2013-JR
Government of India
Ministry of Personnel, Public Grievance& & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
Subject: Extension of RTI web portal for online fillng of RTI application.
2. It is again requested that training to all the CPIOs and First Appellate Authorities (FAAs)
may be provided by the concerned Ministry/Department, through the officials trained by OoPT/NIC.
If required, further training can be provided by DoPT/NIC, on the request of the concerned
Ministry/Department. User name/password to all the CPIOs and FAAs are to be provided by RTI
Nodal Officers of the concerned Ministry/Department. It is imperative that the RTI Nodal Officers
update the details of CPIOs/FAAs in the system and issue user name and password to them at the
earliest.
All the Ministries/Departments of the Government of India (except in the list enclosed)
Copy to:
1. Union Public Service Commission, Lok Sabha Secretariat, Rajya Sabha Secretariat, Cabinet
Secretariat, Central Vigilance Commission, President's Secretariat, Vice-President's Secretariat,
Prime Minister's Office, Planning Commission, Election Commission.
4. 0/o the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
LIST OF MINISTRIES/DEPARTMENTS TO WHOM RTI ONLINE WEB PORTAL
FACILITY HAS BEEN EXTENDED
OflJc• Memorandum
Subject: - RTI Web Portol for onllne fling of RTI oppttcollons.
Pleose refer lo this Deportments O.M. of even no. doted the 22<>" April,
2013, where'.n It wos Informed thot RTI Web Portol would W()(k OS RTI MIS olso.
Fulher, ii wos mentioned thol the detoils of RTI opplicofions received through
post shoUtd ollO be entered into this system.
.s. -4\� �
. I :...--
(Sondeep Join)
Director (IR)
Tete: 2309 2755
All Minishles/Deportments of the Government ol lndo.
Copy to: UPSC, Cabinet Secretoriot. eve. President's Secretoriot. Vice
President Secretorlot. PMO. Plonning Commission, CIC. ssc;. 0/o C&AG
Chapter-5
RTI Cell
S.No. File No. Date Subject
1 1/12/2010-IR 19/05/2011 Effective Implementation of RTI Act, 2005-
Setting up of RTI Cells.
2 1/12/2010-IR 02/08/2012 Financial Assistance for setting up RTI Cells.
3 1/12/2010-IR 7/7/2014 Financial assistance for Setting of RTI Cell in
Public Authority.
No.Ull/2-GlO·IR
Govcmmes,I of India
Mis,lstry or
Personnel, PC. &. Pfnsions
Dtpartmrnl of Personnel & Train in&
OFFlCE MF.MORI\NDUM
5. Muustriesl Deparonents may also avail of a one-time grant of up to Rs. 50,000.00 for
procuring a computer along with a printer and scanner facility ror RTI Cells undQ" lhc Centrally
Sponsored Plan Scheme "Improving tran..,;parency and accountability through Effective
Implementation of RTF being implemented by Ibis Depanment, Balance expeodimrc may be
met by the Ministries /depanmeus from their own funds, Caltral Public Authorities ma} send
detailed proposals as per proforma in 'Anaexure ur to Deputy Secretary (IR). Room No. 280,
North Block, New Delhi -110001. Telefax: 23093074, email osdrti-dom,�njc.i_n
6. The stacus of setting up of RTI Cells by nil Central Public Authorities may kj11dly be
intimated to this depanment by 3 ls, July, 2011
(K.G. Verma)
Director
TcJi2'Q92 I 58
I. All the MinistricslDcparunents of the Govemmem of India,
2. Union Public Service Commission/Lok Sabha Secrctariat/Rajya Sabha
Secretariat/Cabinet Secretariat/ Central Vigilance Commission I President's
Secretariat!Vice·Presidents's Secretariat/Prime Minister's Oflke/Planoing
Commis.sionfElectioo Commission.
3. Central lnformation Commission.
4. Staff Selection Commission, CGO Complex. New Delhi,
5. Office of the Comptroller & Auditor General of India. l 0, Bahadur Shah Zafar Marg,
New Delhi.
No.2/10/2010-CR.
Government of India
Ministry of Personnel. Pub4ic Gnevances & Pensions
-
Department of Personnel & Training
ii. The Cell wiU ensure uploading of all applications. and appeals received
by it on the RTI-MIS:
iv. The Ceo w;1 ensure uploading of al complaints and decisions of CIC on
the DMIS (computerized diary system):
v, The een wi-U segregate applications and appeals pertaining to life and
liberty and forward the same to the concerned CPIO without delay so that ·
they can be responded to within the lime frame specified in the Act;
v1. The Cell will transfer applications no\ pertaining to this Department to
the ooncemed public authotity;
vii. Coordination for the Department regarding:
Copy to:-
T raining
1. EO&SS
2. AS(S&V)
3. JS{E)
4. JS(AT&A)
5. JS(Trg.)
6. JS(Vig)
7. Secretary, PESB
B. PPS to Sectetary(P)
IMMEDIATE
No.2/l0(2010·CR
Govemment ol lndla
Ministry of Personnel. Public Grievance, a. Pensions
Deportment of Personnel &. lra.lnlng
····-- Norlh aioc:k. New Deihl
Ooted H,� July, 2010
OFEICf M,eMOllANDU,M
l .o II is noted tho\ the ,ece1pl, loRow-up and monitoring sys1em fC)( RTL
requests and cppeots Is not s!reomflned which hos resulted in lole
dsposo of such requests ond on many occasions it hos olso invited
dspleosore of the Centrol lnformotlon Comm.ssionef [CIC).
3.J PTI Ce\1 w'II. nono'e tr.e oppl1c:J',·,ora ,r, ll"le 1011ow1r1g mcnnor.
(O) If on i?TI request does not concern DOPt. 11 would 1mmediolely be
se-ri 10 lhe concomed pub11c authority. Suell coses will be
finalized by US 1Admmis1rotlon), who moy consott Yl'ectc<
IAdmlnl$trOtlonJ os per need. However, such consvllol'.ion� $\"lould
be done on on urgent bcsls and not in o ,outne monrer.
td) Rll CeU would e:x.om,ne thal correct fee (by correct mode) hos
been received. In case it is nol so. lhe oppllcollon wovld be
returned with the remelts thol II moy be resubmltteo o\ong with
correct fee {by correct mode}.
tel For oppficalion.s where correct lee ncs been svbm�led 1he lee 'Will
be ceoosnec by RTI Cell ond receipt obtained. Thei-eofter:
lii) 11 the lnforrnotion sought ltom DoPT concerns more than one
CPIO. lhe orlginol application vtould be entered lnio me RT�
MIS and lhereotter, sepcrote copies would be marked lo
the relevant CPIOs who would then handle fhem cs
independent RTI application. In 1hese coses the fee rece'pt
Will be senl to the CPIO oeollng wilt\ lhe first oon of que.ry.
[al The concerned CPIO would handle the RTI reques1 cs per t"le
provsorn of the Ad/Rules and once the reply i$ ready io be 5�t.
entry wll', be 'mode in o the Rll-M1S and lhe reply would be
uploocied. An lntim01ion will outomolk:olly reach the Rll eel. as
soon cs the above is done. rm cell wnt not dispatch RTI letters I
repnes unless this lntlmot\on Is rec:elved lhrough the system.
[b} Afler relevon1 �ntry t mode in 1he Rll-MIS, the CPIO will iceep lhe
reply in �he envelope ond details of the RTI Reglstrolion no ond
r.o�ure of rep'y etc. would be ru;:,e.�cnbed on lhe erwe\o:>e.
Oitectcr- (Administrolion) wil be P{cviding specici envelopes
\caUed R1' envelop�) to ol\ CP\0$ end A.Af. and oil
correspondence wi1h opprconts w�I be mailed In lhe�e
anvetopes.
le I These envelopes --� be sent lo the RTI Celi who w1U he<eofte·
ensure dispatch of these replle1 through R&I eel os per lhE
eslcbished procedure and moke necesscsv entry into the �TI-MIS
regarding dispo1ch date and meons.
Id) lf1 order to ensUTe thcl the time flmi!s for disoosal oi opplicot1ons
ore met Cf'I05 (ono AAs) ore requred to send 1he repfies to Rll
cell at l�od 2 days belore the deadline.
lfl 111 some coses. on intenm reply Is sent lo 1he copaccn . Although
these communlcot,ons ""111 olso be olspotched throvgh RTI Cel. no
entry ll'llo ll'le RTI-MIS wifl be mode regordng such inlerim repEes.
The system fOf rece1vlng one handling the appeals will be simplEII' as 1n
such coses the name of lhe Appellate authority IAAJ is k.nown to the RTI
appticonl and no payment of fee ls Involved.
[c] In case appeal is received through e-mail. o prinl oul wtl be token
and entry wal be mode into the RTI-MlS and thereafter rt wou1d be
handled Pke ony other appeal received through post
(di On dsposot of appeals procedure for handil'"lg them would be
fhe some es cero'led for disposo of Rn cooucotlons.
Tir,,e l1mils hove been prescribed under the RTI oct ond rules regarding
disposal of RTI applications a:-1d apoeols and ol lhe CPIOs ond Ms ore
expected to adhere to them. RTI cell wouk: generate.
(o} Exceplion repoc1s of coses where deposol hos not been made
within 25 days of me rece,pl ol RT1 request ond appeals. These
would be posted on the lnlro-MOP. so thol JSs ond olher
wm.,
supervisOfY of11cel'S may also follow up the concerned CPIO.
lb) A monthly report of .oU RTI requests fece\ved ond dlsposed oft
dunng the moc1th with o comporolive pict\Jre. lnese reports will
also be posted on the Intro -MOP.
{Horlsh Chonc:lerl
Undet Secrelory[Admn1
All the CPIO�/ohicers/Des.:s/Sectiom h Deoar!me-nt ol Personnel & lrainl'1g
Copy to t-
l. EO&SS
2. AS(S&VI
3. .ISIE1
4. JS[Al&.A)
5. JSfTrg.)
6. .Sl\1g]
7. secretory, PESB
6. PPS to SecretoryjP)
Aonuun: •111•
Application Proforma
Centrally SponS.ON'd Scheme on Improving Tran.span!ocy and Accountability
i:n gonmmcot through dTct1ive implemcutatioa of
Right to lnfurmation
A I
I Comnoru!nt for which assistance sou�ht Seffin2 ap of RTI Cell,
I
C. Details of Exucodkun
l Date of Seltina uv ofRTI Cell I
I .
I
D. Documents reaulr«I
I Coov of order settine: eo the RTI C.eU
OFFICE MEMORANDIM
(Sarita Nair)
Under Secretary to the Govt of India
Tel: 23040401/23092356
To
Applic.atiun rrofona11
Centrally Speascred Scheme on lmproving Transparency and Atcoun111bility
in gu�·crnmcnl throu,b fffcc:tiv<' i111pkmcotatioo of
Right to lnfonnation
. n.
T:=]
.;.. 1 _
Ditta Us or IDstitutl�- - .•.•.
N
.. ..;.;amc
_....._.... .: .�.:co;. ;.f_h:1 .:c:....c:n;.t :s_i"-
t u.t .;.;t";.:io"'n'------ .. ----------
==4.f�_.et���
2. Particulars of the lnsmution
posul �4_dr�--- ... ____..__ . I
3 Particulars of Nodal Officer
���g·, n_a_h_o
.; c _JI _._ �---�
:q�ias5.
amount of 11,rant �quired
CSrMS detail, of Public A11thority.
=--=- ·-·---------------.--.J.
_!>_:. ._. Documcolt rfgu-lrNI . ------------------
! <;'.�py of ��<kt �tting up_t�� .R.1:...-=Cc.
1 ;.;l""----------:----
I •. __ -·- .. - ···-·- .
An undertalin£. tha.1 once the esiimaies or expenditure are approved
as rell!lonable a.nil the grilnt assessed on the basis or these estimates.
l11ey shall OOl be modified by the institution without prior approval
..of the sanct!omng o�ihoriw of the gt��- .. ---------------
; •:. '• ... ,• ...
I' No.J.'l.:l!Ol•J·lK
Oo\·�r.l oflndla
Mi.,� .>rP:-r�tL":4 l'CJ :an:l l'o:�:cu.
Ccp�-.<:ot ofl'crso:,r.d & 1·,.,t-.iog
•••••
N,:,n'.1 3b,:t. New Delhi
Oo11td ·J-.¢ ;"' Juts, 2•)14
The wu�IDit"lr.d h ji�cux! t!, r::"!:r 1.:0 t),!� D�-tm::nt'.10:,.f ()f .:Nef. 11m",htr :t.!11:d
1�·.6s.:�m and <>1.08.1D12 n:t/1t:i!ng a "()I'.:: tirn.:. Sl"ln.t M ll�1·�•.N�(l!- t:y nnn fio'.r
JX'OZllr'..�8 :1 cc,:r.;mer. ::c:irmr. prlmr ese. 10\l,t.:O r.�1lln$ i:;i :.f Ri. C�I! fn ;:,e �.thUo
A.i1::1.1ti1.i� wll.Wr lb:: �1111i3.ll)· Sp.,ns.;NJ 'P'l:111 Sd1�11" (•pruvi.n¥ tra�p�n:ucy 11.ull
:w:ounb.btlily iu Gu,·::r-e:it ��,:� ,a,..�·:hdlllplem<.'.lll�Hiuu •f RTl'•
..
.,
d:�irou<i or ,.vailt-ne: ee f.:d'iri or fin.,rcitil :t\.�s1:ir1:.c: m::llfinn!CI ah.-.·,y;, �.,�· 1!1tm( t.l\C'.
pmp:·.:t1T.\ iii th:: l'l'l!�·ih!d f''l':'-:mia {:':l:cl.u:i:i;1 tr, T)iJN"urr (m)-. F.,,r.-i- Nc,,?7!l A, N1.1.1h.
etnd:, New 0?.'l'I I t-y ?,�!!I 01 tb1us}I e rn,in 111 t;:1hi c1�--.1�i.,.ir.. ',,.1-;:,-: .1,1,t-riittint, 1ho."l
111-u;,.�. a c.,;p, \li'!:,i: Vl�f fur s::1ti1� U(;' �ueo R'n Cell iJ1 lh� ?ubti.: :'l,o,nlloritr mcy d:;c be
r�,d
:3. 0.."1 .Jill� Ji.(.)>.:.:t•ll ,�kuoo t;. iw,,c u �.vi1.i.t:k .,t, u.e ...·��tc v.r von·
(i:11:,1-»w,ufr lu}, J)OYf �(I)(,� O,�it.-,> 8.Jli
G. > .
..:.,a)w..Q N1.1m.,·
(Silri::i K.if)
Uud:r Sctr:U.� � :be Gt;>\'�Ttlll,l.!t;t of ln�
tc'e: 2',1)41)4(11
...••
l. All mL'l:roioo' Dc�1mco:i. 1>C 0,;.·,1. 1.>r lmJi;i
� tl"PS<".: 1.6!. S3blu Sec1c1.vfa1.' t;)jya S.l'�l'!a secreuriev Cabio:1 S-x�::.if.a11 eve:
Pr.·,it.r,nr>$ S:-r.1r1: r-'fl/ '.'iee Pi�ider··,; �Mt:ri:u.: PM·'.'l,· Plan1f rrs C.:.11'11Dit,:k,r.'
::.h:div1: L'<1ur.!1,1i'S .-01)
;. St.lft'Sek;l:.(n CcrnJru�;i.1, (X.iO<:.,.mp!�x. LWtu !1.1.,1�.Ncw L:cthi
'1. on1�.1f:h! Ci:-mpr.r<iller:a.,d JI.L.Jil� Vl!OCf3.1 c.ffr:dia IC 6,dll.,j11r :-rAl Zlolli:t :.tllfil,
Nm;, n:,;1-:
/
.,�>:. NJC •'.'r.l. (!Qt'r'f w,ltl :1 TN'!ll:".'lr t,; 1,rlt'ltldthi• O.\f ;1r the v.ct>'litcC$ ;"MR':
A.nnexure ')II'
AppUcalioo Proforma
Cenrratty Sponsored Scheme on Improving Transparency and Accountability
in government through dftctive implementation of
Right to Information
A
I Comooneni for which assistance sou•ht Settino un of RT! Cells
B. Details of Instiuniou
I Nrune of the Institution
C. Details of Exocodirure
I Dale of Seuinz uo of RTI Cell
D. Documents rtouirtd
I Coov of order sertina up the RTI Cell
OFFICE MEMORANDUM
It has been brought to the notice of this Department that the Central Public
Information Officers of some public authorities transfer the applications received
under the Right to Information Act, 2005 to the Prime Minister's Office in a routine
manner when there is just a mention of the Prime Minister or the Prime Minister's
Office in the application. According to sub-section· (3) of section 6 of the RTI Act, if
an application is received by a public authority seeking an information which is held
by another public authority or which is more closely connected with the subject
matter relating to another public authority, the public authority receiving the
application should transfer the application to the concerned public authority. It may
be pointed out here that the Prime Minister's Office has been assigned the work of
providing secretariat assistance to the Prime Minister. After a decision is taken in a
matter, the Ministry/Department to which the matter concerns takes further action
regarding issue of orders etc. Naturally, the information in such cases would be
available with the concerned Ministry/Department and not the PMO. The CPIO
receiving the application should carefully see the subject matter in the RTI
application and transfer it, if need be, to the concerned public authority and not to
the PMO simply because the applicant has made a reference to the PM or PMO.
CSl?�)
verma )
( K. G.
Director
Tel. 2309 2158
Copy to:
OFFICE MEMORANDUM
It has 'oeen brought to the notice of this Department that requests are made to
the public authorities under the Right to Information Act for pieces of information
which do not concern those public authorities. Some times, such an information is
sought, a part or no part of which is available with the public authority to which the
application is made and remaining or whole of the information concerns another
public authority or many other public authorities. A question has arisen as to how to
drsal with such cases.
2. 'Section 6(1) of the RTI Act, 2005 provides that a person who desires to obtain
any in formation shall make a request to the public information officer (PIO} of the
concerned public authority. Section 6(3) provides that where an application is made
to a public .authority requesting for -any "information which is held by another public
authority or the subject matter of which is more closely connected with the functions
of another public authority, the public authority to which such application is made,
sha II transfer the application to that other public authority. A careful reading of the
provisions of sub-section (1) and sub-section(3) of Section 6, suggests that the Act
requires an information seeker to address the application to the PIO of the
'concerned public authority'.· However, there may be cases in which a person of
ordinary prudence may believe that the piece of information sought by him/her would
r.e available with the public authority to which he/she has addressed the application,
'out is actually held by some another public authority. In such cases, the applicant
.makes a bonafide mistake of addressing the application to the PIO of a wrong public
authority. On the other hand where an applicant addresses the application to the
PIO of a public authority, which to a person of ordinary prudence, would not appear
to be the concern of that public authority, the applicant does not fulfill his
responsibility of addressing the application to the 'concerned public authority'.
. ... 2/-
-: 2 :-
3. Given hereinunder are some situations which may arise in the matter and action
required to be taken by the public authorities in such cases:
�
Director
5. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar
Marg, New Delhi.
OFFICE MEMORANDUM
Subject> RT! applications received by a public authority regarding information concerning
other public authority/authorities .
.......
The undersigned is directed to refer to this Department's OM of even number doted
12th June. 2008 on the above noted subject, clause fiii) of pcro 3 of which provides that if a
person makes an application to the public authority for information. o port of which is
available with that public authority and the rest of the information is scattered with more
than one other public authorities. the Public Information Officer f PIO) of the public authority
receiving the application should give information relating to it and advise the applicant to
make separate applications to the concerned public authorities for obtaining information
from them. It further provides that if no part of the information is available with the pub�c
authority receiving the application but scattered with more than one other public
authorities. the PIO should inform the applicant that information is not available with the
pubfic authority and that the applicant should make separate application to the concerned
public authorities for obtaining information from them.
2. The matter hos been examined in consultation with the Chief Information
Commissioner, Central Information Commission and ii hos been decided to advise the PIOs
that if the details of public authorities who may have this information sought by the appHcant
ore available with the PIO, such details may also be provided to the applicant.
8� fK.G. Verma)
Director
Tel. 2309 2158
OFFICE MEMORANDUM
(i) At the Government of India level, the Department of Personnel & Training ha'>
been identified as the nodal department for implementation of the RTJ A<'t.
This nodal department should have a complete list of all Union
Ministries/Departments, which function as public authorities.
(ii) Each Union Ministry/Department should also have an exhaustive list of all
public authorities, which come within its purview. The public authorities
coming under each Ministry/Department should be classified into (i)
constitutional bodies (ii) line agencies (iii) statutory bodies (iv) public sector
undertakings (v) bodies created under executive orders (vi) bodies owned,
controlled or substantially financed and (vii) NGOs substantially financed by
Government. Within each category an up-to date list of all public authorities
has to be maintained.
(iii) Each public authority should have the details of all public authorities
subordinate to it at the immediately next level. This should continue till the
last level is reached. All these details should be made available on the
websites of the respective public authorities, in a hierarchical form.
Copy Lo: Chief Secretaries of all the States/UTs It is requested that necessary
action may be taken to implement the above referred recommendations of
the Administrative Reforms Commission in their States/U'Is.
Most Immediate
Time Bound
F.No.1/4/2006-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
(C.A. Subramanian)
Deputy Secretary to the Government oflndia
To�
'flMinistries/Departments
Copy to
�S to Secretary (P)
.�oJS(AT&A)
\,/PS to JS(E)
��mn.)
�I Direc�or/Deputy Secretaries/Section in thethis Minsitry
I .1'.111/2/2007-11(
(luvernmem ol hull.i
Mini�tl') ol l'ervonnel, 11uhlic C ,ric\ uncc-, ,111d l'cns1<11H,
l>c11.111mcnt (II l'cr,1111111:l nnd l r.iininv
011 KI Ml MUl{AJ',IJJL \I
'>uhjr,t: Non·implc111,:nt"ti110 of ,111 h111� r111vi�11111\ 111' th,: Rn ,\d, ino� h) puhli,
nu1hor11ic)· rci;arJin11
" Atll:ntinn is irn i1ctl tu ,uh-,cc1(11n (I) ul �cct11111 \ of the ,�1. wlucn p11•\ ilk�
1hu1 ·•c,cr) public .iuthl•1 ti)' ,h11II tlc�i1i1n111c lluhlk l11fo11n;i111111 Olfacrs 111 nil
.1dm111iMra1h c unit\ or ullke, under It w [thlu one hundred 1for� of the enactment of
the Act, l.ikc wi�c �uh-,c�t1nn 0) nl ,��lion , ol the .\,1 '"'" idc� 1h111 c,cr) puhli.:
n111h11rlt) �hnll J,•,;111111111.' ,rn oltlccr n• l\�\l\lunl l'uh le lnlo1111�11, 11 UlliH·r ,II each
)llb·i.li\ i,i11nul h:, cl \\1111111 one humhed du)� 111 the c11ud111cn1 of thc Ad Morc thun
n ) c,11 1111' p,l\\t:d ,1111 c tlw \1:1 \\n� \'1111\ t,•d Nnn·d�·�iy11,1ti1,n nl l'uhlil; lnh1111111tion
Cll lkcr( I nnd '111 ,\�si,1.101 f'uhll\ lnli11111ut l1111 DI lkl.'r(s) h) 1111) puhl1\' uurliurll)
\111111o1"'"C) the i,ro\ bions 111 the '\1:1
.,. ,\n:ord1111i1 tu the Riyht tu lnlurnuulun (l{c�ulnti1111 nl I c1· and ( 11•,1) Ruic�.
21111� u� umended h) the Ri11ht 111 lnformmlnn (l{c�111l11111,n ,11 Fee ,11111 (\hl) kules,
:Wll6, the approved IIHXlc of J'U)lllCIII Of let: 1111 11l1t.tllllllf i11h•1mal11111 I b\ �,l)h or
i.lcmanJ dr,111 or b;inl.:cr·., cheque u1 lmlinn ilo\1,11 Ordrr r:i�nhlc ht !hi) ,\,,011nb
Ollkcr ut the ruhh-= nuthruitv. N1111 11,,�·pt.111n· uf l\•1: h> \\II) ,,t lnJ11111 l111�t11l <>r,k,
,,, invi-.tence Iii.ti the drrn.11111 1lrnll hilnl.i:r\ cheque l11Jia11 l'u�t.11 < hJcr �houl1I he
drawn n the nnme of all) ottlcer other tlmn the Accnunu Olfkcr 111 the puhlic
,1u1l11•11t\ is 11111 in line w 11h the pruv l�i1,11!\ 111 the Rule-
4. Section 6 (I) provides that a person. who desires to obtain an) information
under the Act, shall make a request in writing or through electronic means in English
or Hindi or in the official language of the area in which the applicauon is being made
The Act or Rules notified b) the Go, ernment do not pre-cnbe an) format of
application for seeking information. Non-acceptance of an arr icauon on the ground
that it is not in prescribed format is against the pro, is ions of the Act.
5 In view of above facts. all the public authorities mil) ensure that.-
(K.G. Verma)
Director
To
c) All public authorities who have a web site shall publish the details of
monthly receipts and disposal of RTI applications on the websites.
This should be implemented within IO days of the close of the month.
Ministries/Depanmcnts would ensure that these instructions Me
communicated to their attachelifsubordinate offices as well as PSUs
immediately. Monthly reporting on the above pattern should begin
latest by lOa. July, 2011 for the month of June, 201 I and thereafter
continue on a regular basis.
- 2 .
(KG.Verma -
Director
Tel. 1.3092158
I. All the Manistries/Dcpanmcnts of'the Governrnent of India.
2, Union Pubhc Service Commission/Lolc Sabha Secretariat/Rajya Sabha
Secretariat/Cabinet Secretaa'iatJ Central Vigilance Commission I
President's Secre1ariat/Vice-Pre:iidcnts 's Secretariat/Prime Minister's
Office/Planning CommissiooJElcction Commission
3. Central Information Commission/State Information Commissions,
4. Staff Selection Commission. CGO Complex, New Delhi.
S. Office of the Comptroller & Auditor General of India, I 0, Bahadur Shah
Zafar Marg, New Delhi.
6. All Officcrs/OesksJScctions. Department of Personnel & Training and
Department of Pension & Pensions Welfare.
7. Secretary (Coordination}, Cabmet Secretariat, for infonnation
•••
The undersigned is directed to refer to Section 25 of the Right to Information
Act, 2005 which provides that the Central lnfonnation Commission shall prepare a
report on the implementation of the provisions of the Act each year, which the
Central Government would lay before each House of Parliament. Each
Ministry/Department is responsible to ensure that necessary information in relation
to preparation of the Report is sent to the Central Information Commission by all
public authorities within its jurisdiction in time. The Central Information
Commission has developed a web based system through which the public
authorities may upload the Annual Return on the website of the Commission
direct The software developed by the Commission is known as the R11 Annual
Report Information System which is accessible on the website fil"W.cic.g_ov.in.
The information has to be posted on quarterly basis.
2. It has been observed that a number of public authorities do not upload the
Annual Return in time on the system. rt results in the delay of the preparation of
the Annual Report and consequently in laying the Report before the Houses of
the Parliament.
3. All the Ministries/Departments ore requested to ensure that the quarterly
returns of all public authorities under their jurisdiction is uploaded on the Annual
Report Information System referred to above in time every year. The final Return
for the year should be uploaded latest by the I 5111 April of the subsequent financial
year. The public authorities who have not uploaded their final returns in respect of
the year 20 l 0-1 I may upload the same on the website latest by 30°' June, 2011.
4. It has also been brought lO the notice of this Department that some
Ministries/Departments have not registered all the public authorities under their
jurisdiction with the Central Information Commission. lt results into non-inclusion
of the complete information in the Annual Report. All the Ministries/ Departments
are requested to ensure that all public authorities under their jurisdiction are
registered with the Commission and they alt post requisite information on the
website referred to above regularly.
(K.G. Verma)
Director
Tel: 23092158
Copy lo: Chief Secretaries I Administrators of all the UTs for necessary act-ion.
Chapter-8
Clarification regarding ‘Information’ to be provided
OFFICE MEMORANDUM
It has been observed that some people under the Right to Information
Act, 2005 request the Public Information Officers (PIO) to cull out information
from some document(s) and give such extracted information to them. In some
cases, the applicants expect the PIO to give information in some particular
proforma devised by them on the plea that sub-section (9) of Section 7 provides
that an information shall ordinarily be provided in the form in which it is
sought. It need be noted that the sub-section simply means that if the
information is sought in the form of photocopy, it shall be provided in the form
of photocopy and if it is sought in the form of a floppy, it shall be provided in
that form subject to the conditions given in the Act etc. It does not mean that
the PIO shall re-shape the information.
(K.G. Verma)
Director
1. All the Ministries I Departments of the Government of India
2. Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha
Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/
President's Secretariat/ Vice-President's Secretariat/ Prime Minister's
Office/ Planning Commission/Election Commission.
3. Central Information Commission/State Information Commissions.
4. Staff Selection Commission, CGO Complex, New Delhi
5. 0/o the Comptroller&Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
6. All officers I Desks I Sections, DOP&T and Department of Pension
and Pensioners Welfare.
OFFICE MEMORANDUM
2. The Central Information Commission while deciding the said case has cited
the decision of Supreme Cowt of India in the matter ofGirish R. Deshpande vs. CIC
and others (SLP (C) no. 2773412012) in which ii was held as under:·
"The puformanct of an tmployre/Ojf,cer In an organisation Is primarily a matter
between th« tmplo�e and the emploiwr and normally those aspects are governed by
tM servic« rules which fa/! undtr the espression 'persuna; infor111111ion ·, the
disclosure of which has no relationship 10 uny pub/le activity or public Interest. On
the othu hand. tht disclosure of which could caus• unwarranted invasion of the
priwu:y of that individual.•· The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.
3. This may be brought 10 the notice of all concerned.
Encl: As above.
;t1� "] �"'� !.
(Maf(oj Joshi)
Joint Secretary (AT&A)
Tel: 23093668
.
. )
C,entral tnformation Commission. New Oelhf
Flle No.CICISMIA/2013/000058
RighJ to lntormatioQ Act·2QOS�Undcr Se:s;tion (19)
The third party, Shri SB Agnihotri, OG (DEF. ACO) MoD was present.
2. We heard the submissions of both lhe respondent and the third party in
the case.
3. In his R11 application, the Appellant had sought the copies of the
complaints made against the third party in the case and the details ot the action
taken including the copies of the enquiry reports. He had also wanted the
copies ol the conespondence made between the Cabinet Secretariat and the
Ministry of Shipping in respect of lhe third party in the case. The CPIO after
consulti:'IQ the third perty under Section 11 of the Right 10 Information Act, had
'Q
nature and thus exempted under the provisions al section 8(1) O> ol the Right to
lnfo,maft"'ln (RTJ} Act. Not sat):;lied with this 00.'.'.Asaon of the CPK), the �lant
... -.
had pielerred an appeal. The Appellate Authority had disposed c! the appeal in
4. We have carefully gone thr<XJgh lhe contents cl the RTI applicalion and
the order cl the Appellate Authortty. We have also considered 1he sJbmissions
of both the respondent and the third party in the case. The ent11e infor:naoon
sought by the ApPellant revolves around the complaints made againSI an olficer ,
of the goverrvr.e<11 and any possible action the authorities might have taken on
those compfain:s. The Appellate Author�y was ve,y right in deeding that th!S
meaning ol the p,ovisions of Section 8 (•) (j) of tho RTt Act In this co,neet.on, ii
rs very pen,nent 10 .cite the decision ot the Supreme Coun ot lnd:a 1n Ille SlP(C)
No. 27734 of 20!:? (Girish Cl, Ooshpandcvs CIC and omers) ,n whch,t has held
mar.or between the employee and the ema:,toyer and normally those aspeas
are governed by the service ,utes whicn !all under the expressoon pe,sonal
public inierest. On the other hand, the dlsclcsuro or whocl'I could ca1JS0
further held that such Information could be disclosed only ii ,1 woold se,ve a
actio� the aulho(Ries might have taken on those complaints. II is. thus, clearly
lhe kind of inlormalion which is envisaged in the above Supreme Court or:ler.
p,ov!sions of the RTI Act which both tne CPIO and the Appellate Authority have
nghrty cited in tneir respective orders.
(Satyananda Mishra)
Chiel lnlo,mallon Commissioner
(Vljay Bhoft1)
Deputy Rliistrar
F.No. l /32/2013-IR
Government of India
Minisfry of Personnel. Public GrievarlCes & Pensions
Deportment of Personnel & Training
OFFICE MEMORANDUM
1
•.
; (··'
'
I) While dlsposJng off first oppeots. the f,rsl Appellate Authorities should
oct In o folr ond Judicious manner. II is ve<y Important !hot lho order
passed by lhe llrsl oppellole oulhorily should be o deloled ond
speok.-.g o,der, giving Jusllficolion for the decision arrived at.
S,-�d" i:;_.
(Sondeep Join)
Oireclor
Tel: 23092755
3
No. 10/112013-IR
Government of India.
Ministry of Peroonnel, PG & Pension
Department of Personnel & Training
It has been observed that different public authorities provide infonnarioo to RTI
applicants in ditfettnt fonnat:1. Though lhcre connot be a standord forni,t foe- providing
infonnation., the reply should however essentially contain the following information:
(i) RTI application number, date ond date of its receipt in the public authori1y.
(ii) The neme, deslgnation, official telephone number and email ID of the CPIO.
(iii) {n C-ILSC lhc infonnation requested for is denied, detailed reasoos for deoitlJ quoting
the relevant sections of the RTI Act should be clearly mentioned.
(iv) J.n C3.SC the infonna.tion pcrto.ins to other public au1hority and the appli�ion is
transferred under ,ection 6(3) of the RTI Act, dcUils of the public authorily to
whom the applic�tion is transferred should be given.
M lo the concluding pum of the reply, it should be clc.my mentioned thot the First
Appc•I. if any, ogainsl thc reply of the CPIO may be made to the First Appellate
Authority within 30 days or receipt ofrcplyofCPIO.
(vi) The name, dc.<ignotion, address, official tclcplione m1nb<:r and e,,m.:ul JO of the
First Appellate Authority should nlso be clearly mentioned.
2. In Addition. wherever the opJ>licant hos requested (or •certified copies' or the
docolmcnts or records, the Cl'JO should endorse on the document ''True copy of the
document/record •upplicd under RTI Ac1", sign the documa,i wilh date, above a scol
conrajning nme of the officer, CPJO and name of public AUthori1y; as cnwnfflltcd below:
True copy ofthe document/record supplied under RT! Act.
Sd/-
03to
(N11111e of the Officer)
CPIO
(Nnmo of the Public Aulhoritv\
FW1hcr in ease the documents to be certified and supplied is lar;c in number, infocm>lion on
RTI awlication •hould be supplied by a dcsignnicd PIO but tl,e ccrrification of the documents,
if need be, could be done by an other junior putted officer.
To
Chief Secretaries of all the States/UTs
Yours faithfully,
(K.G. Verma)
Director
Chapter-10
OFFICE MEMORANDUM
(i) The first Appellate Authorities under the Right to Information Act do not
dispose off the appeals within the time frame prescribed by the Act;
(ii) The Appellate Authorities do not examine the appeals judiciously and
express their agreement with the decision of the Central Public Information
Officer mechanically;
(iii) The Central Public Information Officers do not comply with the directions
of the first Appellate Authority to furnish information to the appellant.
2. Section 19(6) of the RTI Act provides that the first Appellate Authority
should dispose off the appeal within thirty days of the receipt of the appeal. In
exceptional cases, the appellate authority may take forty five days to dispose off
the appeal subject to the condition that he shall record in writing the reasons for
delay in deciding the appeal. Therefore, each first appellate authority should
ensure that an appeal received by him is disposed off within 30 days of the receipt
of the appeal. If, in some exceptional cases, it is not possible to dispose off the
appeal within 30 days, its disposal should not take more than 45 days. In such
cases, the appellate authority should record, in writing, the reasons for not deciding
the appeal within 30 days.
5. The Central Information Commission has also pointed out that some of the
Ministries/Departments have appointed very junior officers as appellate authorities
who are not in a position to enforce their orders. The Act provides that the first
appellate authority would be an officer senior in rank to the CPIO. Thus, the
appellate authority, as per provisions of the Act, would be an officer in a
commanding position vis-a-vis the CPIO. Nevertheless, if, in any case, the CPJO
does not implement the order passed by the appellate authority and the appellate
authority feels that intervention of higher authority is required to get his order
implemented, be should bring the matter to the notice of the officer in the public
authority competent to take against the CPTO. Such competent officer shall take
necessary action so as to ensure implementation of the provisions of the RTI Act.
To
OFFICE !\IEMORAUDM
2. Clause (a) of sub-section (1) of the section makes it obligatory for every
public authority to maintain all its records duly catalogued and indexed. Record
management in accordance with this provision is an important step to enable the
Public Information Officers to furnish information sought under the Act. The
clause also requires the public authority to have its records computerized and
connected through a network all over the country. The public authorities are
expected to complete the requirements of this clause on top priority.
3. Clause (b) of the sub-section ibid mandates the public authorities to publish
the information mentioned therein within one hundred and twenty days from the
date of enactment of the Act. It is expected that all public authorities would have
complied with this requirement already. If it has not been done. its compliance
may be ensured without any further delay. Information so published should also
be updated every year as provided in the Act.
4. It is obligatory for all the public authorities under clause (c) of sub section
( 1) of section 4 of the Act to publish all relevant facts while formulating important
policies and announcing decisions affecting the public. They, under clause (d). are
also obliged to provide reasons for their administrative or quasi judicial decisions
to the affected parties.
6. All the Ministries/Departments etc. are requested to comply with the above
referred requirements of the Act and also to issue necessary instructions to the
public authorities under them for compliance of the same.
(K.G Verma)
Director
Tel: 23092158
OFFICE MEMORANDUM
.....
Subject: Updating of Records- Recommendations of the Second Administrative Reforms
Commission.
The undersigned is directed to say that with a view to ensuring proper maintenance of
records, the Right to Information Act, 2005, mandates that every public authority shall
maintain all its records duly catalogued and indexed in' a proper manner. The Second
Administrative Reforms Commission, in its First Report (June 2006), 'Right to Infonnation -
Master Key to Good Govemance'j has observed that the weakest link in our information
system is the neglect of record keeping. The Commission has recommended that, as a one
time measure, the Government of India should earmark 1% of the funds of all Flagship
Programmes for a period of five years for updating records, improving infrastructure, creating
manuals and establishing the Public Records Offices.
2. The maintenance and updating of records is a continuing process which every public
authority is obligated to do. Improving the infrastructure and bringing out the necessary
manuals are also continuing processes, and the responsibility of the concerned public
authorities. All the public authorities should update their records, improve their
infrastructure, bring out necessary manuals from within their resources. They may make
specific budgetary provision for the purpose as per their requirement.
OFFICE MEMORANDUM
-
(K.G. Verma)
Director
Tel. No.23092158
To
Sou-motu Disclosure
S.No. File No. Date Subject
1 1/8/2012-IR 11/9/2012 Sou motu disclosure on official tours of Ministers and
other officials.
2 1/6/2011-IR 15/04/2013 Implementation of sou motu disclosure under section 4
of RTI Act, 2005- Issue of guidelines regarding.
3 1/34/2013-IR 29/06/2015 Implementation of sou motu disclosure under section 4
of RTI Act, 2005
4 1/34/2013-IR 30/06/2016 Report of the Committee set up under the
chairmanship of Dr. Devesh Chaturvedi, Joint
Secretary, DoPT to examine the recommendations of
the Committee of Experts on suo motu disclosure
under Section 4 of the RTI Act, 2005.
F. No. 1/ 8/2012-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Pers�nnel & Training
Office Memorandum
Sub: Suo motu disclosure on official tours of Ministers and other officials.
Sub-Section (2) of Section 4 of the RT! Act, 2005 requires every public authority
to take steps in accordance with the requirements of clause (b) of sub-section (1) to
provide as much information suo motu to the public at regular intervals through various
means of communications, including internet, so that the public have minimum resort
to use the Act to obtain information.
2. It has been brought to the notice of this Department that public authorities are
receiving RTI applications frequently asking for details of the official tours undertaken
by Ministers and other officials of the Ministries/Departments concerned. In compliance
with the provisions of Section 4 of the RTI Act, 2005, it is advised that Public
Authorities may proactively disclose the details of foreign and domestic official tours
undertaken by Minister(s) and officials of the rank of Joint Secretary to the Government
of India and above and Heads of Departments, since 1st January, 2012. The disclosures
may be updated once every quarter starting from 1" July, 2012.
'5qJ '\�
(Sa�pJaln)
Depu��=cretary
Tele: 23092755
OFFICE MEMORANDUM
Subject: Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 - Issue of
guidelines regarding:
Section 4(1)(b) of the RTI Act lays down the information which should be disclosed
by Public Authorities on a suo motu or proactive basis. Section 4(2) and Section 4(3)
prescribe the method of dissemination of this information. The purpose of suo motu
2. Since the promulgation of the Act in 2005, large amount of information relating to
functioning of the government is being put in public domain. However, the quality and
quantity of proactive disclosure is not up to the desired level. It was felt that the weak
implementation of the Section 4 of the RTI Act is partly due to the fact that certain
provisions of this Section have not been fully detailed and, in case of certain other
provisions there is need for laying down detailed guidelines. Further there is need to set up
a compliance mechanism to ensure that requirements under section 4 of the RTI Act are
met.
3. In order to address the above, Government of India constituted a Task Force on suo
motu disclosure under the RTI Act, 2005 in May 2011 which included representatives of civil
society organizations active in the field of Right to Information, for strengthening
compliance with provisions for suo motu or proactive disclosure as given in Section 4 of the
RTI Act, 2005. Based on the report of the Task Force, the Government have decided to issue
guidelines for suo motu disclosure under section 4 of the RTI Act.
4. Guidelines for Central Government Ministries/Departments are on:
Iv. Compliance mechanism for suo motu disclosure (proactive disclosure) under
the RTI Act, 2005.
S The above guidelines are enclosed. However, it may be kept in mind that proactive
disclosure should be done In the local language so that rt remains accessible to pubhc. It
should be presented in a form that is easily understood and if technical words are used they
many mediums as feasible and disdosures should be kept up to date. The disclosure of
Information may be made keeping in mind the provisions of Section 8 to 11 of the RTI Act.
7. The enclosed guidelines may be brought to the notice of all for compliance.
j>1m d r-:
(Manoi Joshi)
Joint Secretary
Tele : 23093668
ii
Guidelines on suo motu disclosure under Section 4 of the RTI Act
INDEX
s. Chapter Page
No. No.
1 Suo motu disclosure of more items under Section 4 1
2 Guidelines for digital publication of proactive 4
disclosure under Section 4
3 Guidelines for certain clauses of Section 4(1)(b) to 7
make disclosure more effective
4 Compliance with provisions of suo motu disclosure 12
iii
Guidelines on suo motu disclosure under Section 4 of the RTI Act
1.0 Suo motu disclosure of more items under Section 4
Sub-section 4(2) of the RTI Act, 2005 requires every public authority to take steps in
accordance with the requirements of clause (b) of sub-section 4(1) to provide as much
information suo motu to the public at regular intervals through various means of
communication, including internet, so that the public have minimum resort to use the Act to
obtain information. Accordingly, the Public Authorities may proactively disclose the
following items also under the suo motu disclosure provisions of Section 4:
detailing the name of the supplier of goods/services being procured or the works contracts
entered or any such combination of these and the rate and total amount at which such
procurement or works contract is to be done should be disclosed. All information
disclosable as per Ministry of Finance, Department of Expenditure's O.M. No 10/1/2011-PPC
dated 301h November, 2011 on Mandatory Publication of Tender Enquiries on the Central
Public Procurement Portal and O.M. No. 10/3/2012- PPC dated so" March, 2012 on
Implementation of comprehensive end-to-end e-procurement should be disclosed under
Section 4. At present the limit is fixed at Rs. 10.00 lakhs. In case of procurements made
through DGS&D Rate Contracts or through Kendriya Bhandari NCCF, only award details
need to be published. However information about procurement which fall within the
purview of Section 8 of the RTI Act would be exempt.
1.2.1 If Public services are proposed to be provided through a Public Private Partnership
(PPP), all information relating to the PPPs must be disclosed in the public domain by the
Public Authority entering into the PPP contract/concession agreement. This may include
details of the Special Purpose Vehicle (SPV), if any set up, detailed project reports,
concession agreements, operation and maintenance manuals and other documents
generated as part of the implementation of the PPP project. The documents under the
ambit of the exemption from disclosure of information under section 8(1)(d) and 8(1)(j) of
1
the RTI Act would not be disclosed suo motu. Further, information about fees, tolls, or other
kinds of revenue that may be collected under authorization from the Government,
information in respect of outputs and outcomes, process of selection of the private sector
party may also be proactively disclosed. All payments made under the PPP project may also
be disclosed in a periodic manner along with the purpose of making such payment.
1.3.1 Transfer policy for different grades/cadres of employees serving in Public Authority
should be proactively disclosed. All transfer orders should be publicized through the website
or in any other manner listed in Section 4(4) of the Act. These guidelines would not be
Section 8 of the Act. These instructions would not apply to security and intelligence
and their responses, on the websites maintained by Public Authorities with search facility
based on key words. RTI applications and appeals received and their responses relating to
the personal information of an individual may not be disclosed, as they do not serve any
public interest.
Parliament. However, CAG paras dealing with information about the issues of sovereignty,
integrity, security, strategic, scientific or economic interests of the State and information
six monthly report on the performance against the benchmarks set in Citizens Charter
should also be displayed on the website of public authorities.
2
1.7 Discretionary and Non-discretionary grants
Ministry/Department concerned. Annual Accounts of all legal entities who are provided
grants by Public Authorities should be made available through publication, directly or
indirectly on the Public Authority's website. Disclosures would be subject to provisions of
1.8.1 A large number of RTI queries are being filed on official tours undertaken by
Ministers or officials of various Government Ministries/Departments. Information regarding
the nature, place and period of foreign and domestic tours of Prime Minister are already
disclosed on the PMO's website.
1.8.2 As per DoPT's OM No. 1/8/2012-IR dated 11/9/2012, Public Authorities may
proactively disclose the details of foreign and domestic official tours undertaken by the
Minister(s) and officials of the rank of Joint Secretary to the Government of India and above
and Heads of Departments, since 1st January, 2012. The disclosures may be updated once
every quarter.
1.8.3. Information to be disclosed proactively may contain nature of the official tour,
places visited, the period, number of people included in the official delegation and total cost
of such travel undertaken. Exemptions under Section 8 of the RTI Act, 2005 may be kept in
view while disclosing the information. These instructions would not apply to security and
intelligence organisations under the second schedule of the RTI Act, 2005 and CVOs of
public authorities.
3
2.0 Guidelines for digital publication of proactive disclosure under Section 4
2.1 Section 4 lays down that information should be provided through many mediums
depending upon the level of the public authority and the recipient of information (for
example, in case of Panchayat, wall painting may be more effective means of dissemination
of information), and that more and more proactive disclosure would gradually be made
through Internet. There is need for more clear guidelines for web-based publication of
2.2 The Department of Information Technology has been working on setting of technical
standards for government websites and the Department of Administrative Reforms & Public
view to ensure that websites' disclosures are complete, easily accessible, technology and
platform neutral and in a form which conveys the desired information in an effective and
user-friendly manner.
a) It should be the endeavor of all public authorities that all entitlements to citizens and
all transactions between the citizen and government are gradually made available
through computer based interface. The 'Electronic Delivery of Services Bill, 2012'
under formulation in Government of India would provide the necessary impetus.
b) Websites should contain detailed information from the point of origin to the point of
delivery of entitlements/services provided by the Public Authorities to citizens.
c) Orders of the public authority should be uploaded on the website immediately after
d) Website should contain all the relevant Acts, Rules, forms and other documents
which are normally accessed by citizens.
4
e) Websites should have detailed directory of key contacts, details of officials of the
Public Authority.
f) It is obligatory under Section 4(1)(b)(xiv) of the RTI Act for every Public Authority to
reduced in an electronic form'. The website should therefore indicate which digitally
held information is made available publicly over the internet and which is not.
stage itself.
i) Information must be presented from a user's perspective, which may require re-
j) The 'National Data Sharing and Accessibility Policy' by the Department of Science
and Technology is based on the principle that all publicly funded information should
be readily available. The policy has been notified in March, 2012 and the schedule
should be strictly adhered to.
k) Information and data should be presented in open data formats whereby it can be
5
hidden in a textual or tabular presentation of data. In some contexts, pictures and
audio/videos recordings etc may be more useful. There have been moves in some
parts of the country to video record Gram Sabha meetings. A picture of a NREGA
worksite, for instance, may tell much more than words can. All such different media
I) Every webpage displaying information or data proactively disclosed under the RTI
Act should, on the top right corner, display the mandatory field 'Date last updated
(DD/MM/YY)'.
6
3.0 Guidelines for certain clauses of Section 4{l)(b) to make disclosure more effective
3.1 The elements of information listed in the various sub-clauses of Section 4{1)(b) must
be disclosed in an integrated manner. For example, the functions and responsibilities of a
public authority cannot be understood in isolation from the powers and functions of its
employees, the norms that inform its decision making processes and the rules, instructions
and manuals that are used in the discharge of its functions. Description of one element
3.2 Considering that disclosure in regard to certain sub-clauses have been relatively
weak, detailed guidelines for four sub-clauses are given below:
3.3 Guidelines for section 4{1)(b)(iii) - "the procedure followed in the decision-making
3.3.1 All government departments have specific duties and responsibilities under the
respective Allocation of Business Rules (AOB) issued by the appropriate Government. The
constitutional provisions and statutes each department is required to implement are clearly
laid down in the AOB. The manner of disposal of matters assigned to each
every department would have a specific set of schemes and development programmes
which they are required to implement directly or through their subordinate offices or other
designated agencies. These documents contain the specific operations that every Public
specific decision-making chain. All government officers have to follow laid down office
procedure manual or the other rules which gives details of how representations, petitions
and applications from citizens must be dealt with. Templates, formats, and basic steps of
decision-making are briefly explained in such manuals. These descriptions constitute the
7
3.3.2 Additionally, in the routine work of governance, government functionaries are
required to make decisions in a discretionary manner but broad guiding principles are laid
down in some rule or the other. For example, the General Financial Rules lay down
procedures for a variety of operations relating to government finances. How sanction must
be accorded for incurring expenditure; how losses to government must be reported; how
responsibility for losses may be fixed on any government servant; how budgets, demand for
grants are prepared and submitted; how public works must be sanctioned and executed;
how commodities and services may be procured by a public authority; are all explained in
these manuals which are updated from time to time. The challenge is to present a simplified
3.3.3 In view of the above, the guidelines for detailing the decision making processes are
as follows:
(a) Every public authority should specifically identify the major outputs/ tangible
results/ services/ goods, as applicable, that it is responsible for providing to the
public or to whosoever is the client of the public authority.
(bl In respect of (a) above, the decision-making chain should be identified in the form of
a flow chart explaining the rank/grade of the public functionaries involved in the
(c) The powers of each officer including powers of supervision over subordinates
involved in the chain of decision-making must also be spelt out next to the flow chart
or in a simple bullet-pointed format in a text-box. The exceptional circumstances
when such standard decision-making processes may be overridden and by whom,
should also be explained clearly. Where decentralization of decision-making has
(d) This design of presentation should then be extended to cover all statutory and
discretionary operations that are part of the public authority's mandate under the
8
(e) In the event of a public authority altering an existing decision-making process or
3.4 Guidelines for Section 4(1)(b)(iv) - "the norms set by it for the discharge of its
functions".
3.4.1 Primarily, the intention of this clause is that every public authority should proactively
disclose the standards by which its performance should be judged. Norms may be
compliance with this clause, public authorities would need to disclose norms for major
standards.
3.4.3 Wherever norms have been specified for the discharge of its functions by any statute
or government orders, they should be proactively disclosed, particularly linking them with
the decision making processes as detailed earlier. All Public Authorities should proactively
disclose the following:
a) Defining the services and goods that the particular public authority/office
provides directly (or indirectly through any other agency/contractor).
b) Detailing and describing the processes by which the public can access and/or
receive the goods and services that they are entitled to, from the public
authority/office along with the forms, if any prescribed, for use by both the
applicant and the service providing agency. Links to such forms (online),
wherever available, should be given.
c) Describing the conditions, criteria and priorities under which a person becomes
eligible for the goods and services, and consequently the categories of people
who are entitled to receive the goods and services.
9
d) Defining the quantitative and tangible parameters, (weight, size, frequency etc,)
and timelines, that are applicable to the goods and services that are accessible to
the public.
authority/office plans to achieve through the goods and services that it was
obligated to provide.
f) Laying down individual responsibility for providing the goods and services (who is
3.5 Guidelines for Section 4(1)(b)(xi)- "the budget allocated to each of its agency,
disbursements made".
3.5.1 The public authorities while disclosing their budgets shall undertake the following:
(a) Keeping in view of the technical nature of the government budgets, it is essential
and their periodic monitoring reports may also be presented in a more user-friendly
may be made accessible through links from the website of the Ministry/Department.
If a subsidiary does not have a website then the budgets and expenditure reports of
10
such subsidiary authority may be uploaded on the website of the principal Public
Authority.
(d) Wherever required by law or executive instruction, sector specific allocations and
highlighted. For example, budget allocation and target focusing on gender, children,
Scheduled Castes and Scheduled Tribes and religious minorities should be specially
highlighted. The sector-wise breakup of these targets and actual outcomes must be
3.6.1 On the one hand, this clause serves as a means of proactively disclosing the progress
made in computerizing information under Section 4(1)(a) of the RTI Act in a periodic
manner. On the other, it provides people with clarity about the kinds of electronic
information that, although not held by the public authority, is available to them. For
example the stocks of ration available with individual fair price shops may not be held by the
3.6.2 Keeping in view the varied levels of computerization of records and documents in
public authorities, data about records that have been digitized may be proactively disclosed
on the respective websites, excluding those records /files /information that are exempted
under Section 8. The data about digitized record may include the name of the record and
any categorization or indexing used; the subject matter and any other information that is
required to be compiled in relation to a file as prescribed by Manual of Office Procedure
(and to be prescribed by MOP for electronic records that is under finalization by OARPG),
the division/ section/ unit/ office where the record is normally held; the person, with
designation, responsible for maintaining the record; and the life span of the record, as
prescribed in the relevant record retention schedule.
11
4.0 Compliance with Provisions of suo motu (proactive) disclosure under the RTI Act
4.1 Each Ministry/Public Authority shall ensure that these guidelines are fully
operationalized within a period of 6 months from the date of their issue.
4.2 Proactive disclosure as per these guidelines would require collating a large quantum
of information and digitizing it. For this purpose, Ministries/Public Authorities may engage
consultants or outsource such work to expeditiously comply with these guidelines. For this
4.3 The Action Taken Report on the compliance of these guidelines should be sent, along
with the URL link, to the DoPT and Central Information Commission soon after the expiry of
the initial period of 6 months.
4.4 Each Ministry/ Public Authority should get its proactive disclosure package audited
by third party every year. The audit should cover compliance with the proactive disclosure
guidelines as well as adequacy of the items included in the package. The audit should
examine whether there are any other types of information which could be proactively
disclosed. Such audit should be done annually and should be communicated to the Central
Information Commission annually through publication on their own websites. All Public
Authorities should proactively disclose the names of the third party auditors on their
website. For carrying out third party audit through outside consultants also,
4.5 The Central Information Commission should examine the third-party audit reports
4.6 Central Information Commission should carry out sample audit of few of the
Ministries/ Public Authorities each year with regard to adequacy of items included as well as
4.7 Compliance with the proactive disclosure guidelines, its audit by third party and its
12
5.0 Nodal Officer
5.1 Each Central Ministry/ Public Authority should appoint a senior officer not below the
rank of a Joint Secretary and not below rank of Additional HOD in case of attached offices
for ensuring compliance with the proactive disclosure guidelines. The Nodal Officer would
work under the supervision of the Secretary of the Ministry/Department or the HOD of the
attached office, as the case may be. Nodal Officers of Ministry/Department and HOD
separately should also ensure that the formations below the Ministry/Department/Attached
Office also disclose the information as per the proactive disclosure guidelines.
with proactive disclosure guidelines should mandatorily be included in the relevant chapter
******
13
·,
No.1/34/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Office Memorandum
Subject: Implementation of Suo Motu Disclosure under Section 4 of RTI Act. 2005
1) All the details of the public authority may be uploaded on its website.
Access to information should be made user-friendly for which appropriate
information technology infrastructure should be suitably designed,
developed and operationalised.
2) All the training modules for professional upgradation of employees should
incorporate matter relating to the virtues of transparency and open
government and RTI law.
3) In order to minimise the burden of servicing RTI applications. the public
authorities with high public dealings should put in place an effective
system to redress the grievances of affected persons. At the sub-
organisational levels, there should be cooperation and coordination
between the Central Public Information Officers and the officers
responsible for addressing public grievances.
4) In order to reduce the number of RTI applications relating lo service
matters, the information relating to recruitment, promotion and transfers
should be brought into public domain promptly.
5) The retention and maintenance of specific documents for specified
duration should be clearly spelt by each public authority in respect of its
documents.
2. All the · public authorities are requested to follow the above
recommendations.
S-.--A� )"'_,_
, --
(Sandeep Jain)
Director
Tel: 23092755
Copy to:
OFFICE MEMORANDUM
Subjoct: Roport of tho Committee aet up undor the chairmanship of Dr. Oevosh
Chaturvedl, Joint Secretary, DoP7 to examine tho recommendations of
the Committee of Experts on suo motu disclosure under Section 4 of the
RTI Act, 2005.
... A Commttlee of Experts consisting of Shri A.N. Tiwari, former Chief Information
Commissioner and Or. M.M. Ansari, lnrormation commissioner of Central Information
Commission was conslituted to recommend, inter-a/la, measures lo further strengthen
implementation of Section 4 of the RTI Act, 2005. The Committee submitted its Report
which has been accepted by the Government and an OM dated 29'" June 2015 was
issued to all public authorities to follow the recommendations of the Committee.
Thereafter, OOPT has Issued instructions to all Public Authorities In this regard vlde
O.M. No. 1/1/2013-IR dated 9111 July. 2015 that the Departments must make an analysis
of information which is sought most often from applicants and provide it on their website
as suo-motu disclosure.
--2/-
-2·
(3) In each public authority, a commltlee or PIOs and FAAs with rich
experience or dealing with RTl applications and appeals is set up to
identify the categories or information that are frequently asked by
applicants. Such inronnation must be disclosed in the public domain to
make rt more user friendly and should also be reviewed at regular
intervals.
(5) Web site, and other medium and publication or each public authority,
relating to Section 4 compliance must carry the date (where appropriate
lot each bit of information) on which the Information was
uploaded/printed.
�!is
(Gayatri Mishra)
Director{IR)
Telefax : 23092755
To
All Ministries I Departments.
Copy also to :
� North Block, New Delhi for placing the Office Memorandum on the
website of DoPT.
Chapter-13
Disclosure of file notes, ACRs, Personal
information, third party Information etc.
S.No. File No. Date Subject
1 10/20/2016-IR 21/09/2007 Disclosure of Annual Confidential Reports under the RTI
Act, 2005.
2 1/14/2007-IR 31/10/2007 Disclosure of Information relating to
occurrence/event/matter which took place 20 years back.
3 1/20/2009-IR 23/06/2009 Clarification on disclosure of file noting under the RTI
Act, 2005.
4 8/2/2010-IR 27/04/2010 Disclosure of third party information under the RTI Act,
2005.
5 11/2/2013-IR 14/08/2013 Disclosure of personal information under the RTI Act,
(Pt.) 2005.
6 1/31/2013-IR 08/01/2014 Order dated 20.11.2013 of the High Court of Kolkata in
Writ Petition No. 33290 of 2013 in the case of Mr.
Avishek Goenka Vs Union of India regarding personal
details of RTI applicants – circulation of.
7 1/1/2013-IR 07/10/2016 Uploading of RTI replies on the respective websites of
Ministries/Departments.
8 1/1/2013-IR 20/06/2017 Securing the Personal information including Aadhar No.,
(Pt.) in RTI Applications/Appeals in compliance to Aadhar
Act, 2012 and Information Technical Act, 2000.
No.10/20/2006-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORA.'\"DliM
....
Subject: Disclosure of Annual Confidential Reports under the RT! Act. 2005 .
(K.G. Verma)
Director
Tel. No. 23092158
To
2. The RT! Act does not prescribe a record retention schedule. The records are
to be retained by a public authority as per the record retention schedule applicable
to that public authority. It is, however, important to note that weeding out of a file
or any other record does not necessarily result into destruction of all the
information contained in that file or record. It is possible that information
generated in a file may be available in the form of an 0:\1 or a Jetter or in any other
form even after the file has been weeded out. The above referred provision of the
Act requires furnishing of information so available after the lapse of 20 years even
if such information was exempt from disclosure under sub-section ( l) of Section 8.
It means that the information which. in normal course, is exempt from disclosure
under sub-section (1) of Section 8 of the Act, would cease to be exempted if 20
years have lapsed after occurrence of the incident to which the information relates
However, the following types of information would continue to be exempt and
there would be no obligation, even after lapse of20 years, to give any citizen -
�8 Director
OFFICE MEMORANDUM
Subject: Disclosure of 'file noting' under the Right to Information Act, 2005.
***
The undersigned is directed to say that various Ministries/Departments etc.
have been seeking clarification about disclosure of file noting under the Right to
Information Act, 2005. It is hereby clarified that file noting can be disclosed
except file noting containing information exempt from disclosure under section 8 of
the Act.
OFFICE MEM.ORANDUM
Subject: Disclosure of third party information under the RTI Act, 2005.
***
The undersigned is directed to say that the Government; in a number of
cases makes inter departmental consultations. In the process, a public authority
may send some confidential papers to another public authority. A question has
arisen whether the recipient public authority can disclose such confidential
papers under the RTI Act, 2005. If yes, what procedure is required to be
followed for doing so.
has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The
third party has a right to make an appeal to the Departmental Appellate
Authority against the decision of the PIO and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned
Information Commission. The PIO cannot disclose such information unless the
procedure prescribed in section 11 is completed.
(K.G. VERMA)
Director
Tei: 23092158
Copy to:
OFFICE MEMORANDUM
2. The Central Information Commission while deciding the said case has cited
the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC
and others (SLP (C) no. 27734/2012) in which it was held as under:-
"The performance of an employee/Officer in an organisation is primarily a mailer
between the employee and the employer and normally those aspects are governed by
the service roles which fa/! under the expression 'personal tnformation', the ·
disclosure of which has no relauonship to any public activity or public interest. On
the other hand, the disclosure of which could cause unwarranted invasion of the
privacy of that individual." The Supreme Court further held that such information
could be disclosed only if it would serve a larger public interest.
3. This may be brought to the notice of all concerned.
Encl: As above.
!11C>vvl 7 fc:;, [
(M�oj Joshi)
Joint Secretary (AT&A)
Tel: 23093668
The third party, Shri SB Agnihotri, DG (DEF. ACQ) MoD was present.
2. We heard the submissions of both the respondent and the third party in
the case.
3. In his RTI application, the Appellant had sought the copies of the
complaints made against the third pany in the case and the details of the action
taken including the copies of the enquiry reports. He had also wanted the
copies of the correspondence made between the Cabinet Secretariat and the
Ministry of Shipping in respect of the third party in the case. The CPIO after
consulting the third party under Section 11 of the Right to Information Act, had
ClC/SM/A/20131000058
, ..
refused to disclose any such information by claiming that it was· personal in
nature and thus exempted under the provisions of section 8(1) (j) ot the A1gh1 to
lnforrnation (RTI) Act. Not satisfied with this decision of the CPIO, the Appellant
had preferred an appeal. The Appellate Authority had disposed cf the appeal in
4. We have carefully gone through the contents of the RTI application and
the order of the Appellate Authority. We have also considered the submissions
of both the respondent and the third party in the case. The entire information :
sought by the Appellant revolves around the complaints made against an officer I
of the government and any possible action the authorities might have taken on
those complaints. The Appellate Authonty was very right in dec1d1ng that this
meaning of the provisions of Section 8 (i} (!) of the RTI Act. !n this connection. it
is very pertinent to cite the decision of the Supreme Court of India in the SLP(CJ
No. 27734 of 2012 (Girish R Deshpande vs CIC and others) in which 11 has held
matter between the employee and the employer and normally those aspects
are governed by the service rules which fall under the expression personal
public interest. On the other hand, the disclosure of which could cause
further held that such information could be disclosed only if rt would serve a
about some complaints made against a government oflicial and any possible
action the authorities might have taken on those complaints. It is, thus, clearly
the kind of information which is envisaged in the above Supreme Court order.
provisions of the RTI Act which both the CPIO and the Appellate Authonty have
CICISM/A.'2013/000058
rightly cited in their respective orders.
(Satyananda Mishra)
Chief Information Commissioner
(Vljay Bhalla)
Deputy Registrar
CIC!SMiA..'20i 3!000CSS
F. No. 1/1/2013-IR (pt.)
Government or India
Mioislly or Personnel, Public Grievances and Pensions
Department of Personnel and Training
IR (Division)
(a) the perscnal information details like Aadhar no. should not be asked for while
hand/mg RT/ applications.
(b) that the Aadhar no. or SJJCh other personal infonnation is hidden from public view
while uploacf,ng the RT/ applicaoonsl Appeals! Replies to the RT/ applications on
websites, ii Aadhar no. is mentioned therein.
�
(Pre �ti Khanna)
Under Secretary to the Govt of India
To
QffJCE MEMORANDUM
Subject: Order dated 20.11.2013 of the High Court of Kolkata In Writ Petition
No 33290 of 2013 in the case of Mr. Avishek Goenka Vs Union of
India regarding personal details of RTI applicants - circulation of.
'S:,�.)"�
(Sandeep Jain)
Director
Tele: 23092755
OFFICE MEMORANDUM
��
(Gayatr1 Mishrar-
Director (IR)
Tele:23092755
To
(aJ the perscnal information deta�s like Aadhar no. should not be asked for whits
handf,ng RT/ appliaitions.
(b) that the Aadhar no. or such other personal information is hidden from public view
while uploading the RT/ applications/ Appeals/ Replies to the RT/ applications on
website� if Aadhar no. is mentioned therein.
�
(Pre:;Khanna)
Under Secretary to the Govt. of India
To
2. 1/7/2009-IR 20/05/2011 Decision dated 03.04.2008 of the High Court of Bombay at Goa
in Writ Petition No. 419 of 2007 in the case of Dr. Celsa P into
Vs. Goa State Information Commission regarding Information
under the Right to Information Act, 2005.
No.117/2009-IR
Government oflndia
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
Subject: Decision dated 3.4.2008 of the High Court of Bombay at Goa in Writ Petition
No.419 of 2007 in the case of Dr. Celsa Pinto Vs. Goa State Information
Commission regarding information under the Right to Information Act, 2005.
****
The undersigned is directed lo say that the High Court of Bombay at Goa in the above
referred case has held on 3.4.2008 that the term 'information' as defined in the Right to
Information Act does not include answers to the questions like 'why'. The relevant part of the
judgement is reproduced below:
"The definition of information cannot include within its fold answers to the
question "why" which would be same thing as asking the reason for a
justification for a particular thing. The public information authorities cannot
expect to communicate to the citizen the reason why a certain thing was done
or not done in the sense of a justification because the citizen makes a
requisition about information. Justifications are matter within the domain of
adjudicating authorities and cannot properly be classified as information."
(K.G. Verma)
Director
Tel: 23092158
omq MIMQIANQUM
Subject : Oec:lllon ut8CI QI CM. ZOOI at tile Hllh Court of 11on111, It Goe In Witt Pwdllul1 NoAll
of z«/1 ffl h C11M ol or. c...a Pll'llo YI. Goe stltit tnfoffl--. COmnslr;ew1....,...,.
�n under the IWit to •lfDn1•tlol1 Act, 2005.
8� (U.Venne)
Director
Tele : 23092iSI
To
The Secretary,
Central Information Commission,
August Kranti Bhawan,
Bhikaji Cama Place,
New Delhi
Sir,
I am directed to say that the Right to Information Act, 2005 provides that a
person can make a complaint or an appeal to the Central Information Commission
or the State Information Commission, as the case may be, in the circumstances as
provided in the Act and that the concerned Commission may take action on the
complaint or appeal in accordance with the provisions of the Act.
•
(K.G. Verma
22 MAY2009 Director
Tel: 23092158
��/ISSUE
�/$lg .
.....
No.1/1/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
To�
The Chief Secretaries of all the States
Sir,
I am directed to say that the Right to Information Act, 2005 provides that a
person can make a complaint or an appeal to the Central Information Commission
or the State Information Commission, as the case may be, in the circumstances as
provided in the Act and that the concerned Commission may take action on the
complaint or appeal in accordance with the provisions of the Act.
3. ln view of this legal position, you are requested to advise the State
Information Commission that decisions on the complaints and appeals should be
taken by the State Information Commission as defined in Section 2(k) of the RTI
Act, 2005 and not by the Benches of the Commission.
Yours faithfully,
'
(K.G. Verma)
Director
Tel: 23092158
Chapter-16
Supreme Court Judgement regarding opinion / advice
"At this juncture, it is necessary to clear some misconceptions about the RTI
Act. The RTI Act provides access to all information that is available and
existing. This is clear from a combined reading of section 3 and the
definitions of 'information' and 'right to information' under clauses (f) and
U) of section 2 of the Act. If a public authority has any information in the
form of data or analysed data, or abstracts, or statistics, an applicant may
access such information, subject to the exemptions in section 8 of the Act.
But where the information sought is not a part of the record of a public
authority, and where such information is not required to be maintained
under any law or the rules or regulations of the public authority, the Act
does not cast an obligation upon the public authority, to collect or collate
such non available information and then furnish it to an applicant. A public
authority is also not required to furnish information which require drawing
of inferences and/or making of assumptions. It is also not required to
provide 'advice' or. 'opinion' to an applicant, nor required to obtain and
furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion'
. : .•. or 'advice' in the definition of 'information' in section 2(f) of the Act, only
-
refers to such material available in the records of the public . author.ity. Many
public authorities have, as a public relation exercise, provide advice,
guidance and opinion to the citizens. But that is purely voluntary and should
not be confused with any obligation under the RTI Act."
..
(2) They shall come into force on the date of their publication in the Officinl Gnzcuc.
"
2. Dcfinitlon11--In the rules, unless the context otherwise rcquircs.-
(a) ',Act' means the rught to Jnfom1atio_n Act, '2005;
(b) 'section' means section of the Act;
(c) · all other words and expressions used herein but not dcfiued and defined in the Act shall have the meanings
assigned to them in the Act. ' ·
3. A request for obtauiing iuformation under sub-section (1) or Section 6 shull be accompnrncd Ly an application
rec.of rupees ten by way of cash against proper receipt or by demand dr:t'n or bankers cheque p�yab!� ic the Accounts
Officer of the public authority. ·
A. for providing the information under sub-section' (I) of Section 7, the fee sh:111 be charged by \\'HY of cash
· againstproper receipt or by demand draft or bankers cheque payable to the Accounts Officer of the public authority at the
following rates:- · ·
(a) rupees two for each page (in.A-4 or A-3 size paper) created or copied:
(b) actual charge or cosl price of a copy in larger size paper: .
(c) actual cost or price for samples or models; and
(d) for Inspcctlon of records, 110 fee for the first hour; and a fee of rupees live for each fiftccu miuutes (or fr11c1ion
thereof) thereafter,
5. For providing the infonnation under sub-section to) of Section 7. the foe shall be charged by way of cash
against proper receipt or by demand draft or bankers cheque payable 10 the Accounts Officer of the public authority ai the
following rates :-
(a) for information provided in diskette or floppy rupees fifty per diskette-or floppy; and
(b) for Information provided in printed form HI the price fixed for s11d1 public.u,011 or rupees 1\\'0 per page o,
photocopy for extracts from the pubI ication. ·
I -
[F. No. J-,OJ2/8CS)/2005·E.stl(B)]
HART KUMAR Director .
. ,. ... - ,� .
2 THE GAZE.TIE OF INDIA: EXTRAORDINARY (PARTll-8Ec.3(i)] .
. T. JACOB, JL Secy.
Note :- The principal nlles were published in the Gazette of India vide Ministry of Personnel, Public Grievances and
Pensions (Department of Personnel and Tf8.ining) ootilication No. 34-012/8(S)l2005-Bstl(B) da!£d 16th Seplember,
2005. [No. G.S.R. 336 dated 1st October, 2005, Pan n, Section 3, Sub-section (i)).
·�·.
Printed by the Manager, Oovt. of India Prus, Rina Road, Mayapori, New Delhi·l 10064
and Publiabed by the Conuolltr of Poblicationa, Delbi·l 100)4.
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ruE GAZETIE OF IND"IA: EXTRAORDINARY
•l't1JNJSmY OF PERSONNEL, POBLIC GJUEVANCFSANDPEN_Sl9NS
(l)epar1m,e.-t1Penonnel & Trailllllg)
NOlDlCA110N .
[PART Il� J(i)]
•_\<'
c
New Deihl, the 17th May, 2006 � ..
G.S.R. 294(E).-ln exercise of thepowcn con!cmd by cla�es (b) and ,Cc) of Sub-sec:don (2) of �oo 27 of the
Rjgbtto Information Acl..lOOS (22 oClOOS), the Ccntnl ClcM:mment herd,y Qlllkes the following rulesfunhctfll �end the
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;§ Rightta lnfonnation (Regulation of Fee and Cost) Rules, 200S, namely:-
·� 1. Short Tide llld Commcacemeat.-(1) These rules maybe called the Right to Wormation (Regulatioo ofFeeand
' Coit) Amendment RulC$. 2006. .
;
. (2) They shall come into force oo the date oCtbeiJ publication in the Official Gazene.
2. lo the Right to Information (Regulation o( Fee and Cost) Rules, 2005, - � .
(a) in rule 3, after the words "bankers choq�-. the. words "or Indian Postal Order" shall be inserted ;
(b) in rule 4, after the words ·�en. cheque', � �ds "or Indian Postal Order shall be inserted;
(c) in rule S, after lhe words "bankers cheque", the words Mor Indian Postal Order shall be inserted;
[F. No. 3401218(SYlOO� (B))
C. B. PAUWAL, Jt. Secy.
Note :-The principal rules were published in the Gazette of India, �1ra0rdinaiy. Pan 11. Section 3, �on (i),
dated the I st October, 2005 vitk numbct G.S.R. 3 36 dated the 16th September. 2005 and were amended vide
number G.S.R. 649(E) dated tbe 27th Oculber, 2005. ·
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Prinled by IN Msn:pr, Oo"'. of India
Frts,. Rini; Road, M•y•puri, New D<Lbi-110064
and Publi�d by the Con:olltr of Peblications, Delhi- 1100;4.
MINISTRY OF PERSONNEL, PUBLIC GRlEVANCES AND PENS[ONS
(Department or Persotlnd and Tnining)
NOJmCATION
New Delhi, the 31st July, 2012
GS.R. 603(E).-ln exercise oflhe powers conferred by Section 27 ofthe Right to lnfonnation Act, 2005 (22 of2005)
and in supersession of the Central Information Commission (Appeal Procedure) Rules, 2005 and the Right to Information
(Regulation ofFce and Cost) Rules, 2005 except as respects thing,s done OI' omitted to be done before such supersessio»,
the Central Government hereby makes the following rules, namely:-
1. Short iitle Hd com..,.ncemmt.-{l)Theserulesmaybcc.lled the Rig)11 to lnf�acion Rules, 2012.
,.
(2) They shall come into force on the date of their publication in the Official Gaze.ne.
1.. Dennitloru.-ln these rules, unless the context otherwise rcqulres,-
(a) "Act'' mean.s the Right to lnfonnationAct, 200S (22 of200S);
(b) "Commission" means the Central lnfonnation Commission constituted under sub-section (I) of Section
12 oftheAct; . .
(e) "First Appellate Authority" means an officer in the public authority who inenior in rank to the Central
Public Information Officer to whom an appeal under sub-section (I) of Section 19"of rhe Aet lies,
(d) "RegistlW'' means anofficer of the Commission so designated and includes an Additional Registrar,
Joint Registrar and Deputy Registrar;
(e) "Section" means a Section of the Act;
(!)all other words and expressions used herein but not defined in these rules shall have the same meanings
assigned to thffll in the ACL
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6 THE OAZETIE OF INDIA : EXTRAORDINARY (PART 11-SEc. 3(i))
3. •Applie111ion Fee.-An application under sub-section (I) ofSection 6 of the Act shall be accompenied by a fee
of rupees teoand shall ordinarily notconlain more than five hundred words. excludinganncxures, concaininglddress ofthe
. Central Public lnfonnatioo Officer and that of the applic811t: ·
Providod that no application shall be rejected ooly on lhe ground that it contains m0<1l lhan five hundred words.
4'. Feet for providinc infor•atlonr-fee for providing information under sub-section (4) of Section 4 and
sub-sections (I) and (S) of Section 1 of the Act shall be charged It the following rates, namely:-
(a) rupees two for each page In A·l or smaller size paper;
(b) actual cost or price of a phococo,py in large size paper;
(c) actual cost or price for samples or models;
(d) rupees fifty per diskette or Ooppy;
(e) price fixed for a publication or rupees two per page of photocopy for extraGts from the publicatiOf!;
(l)no fee for inspeaion of records for the first hour of inspection and a (cc of rupees 5 for each subsequent hour
or fraction thereof; and
(g) so much ofposlal charge involved in supply ofittformation that exceeds fifty rupees.
S. En•ptio• rrom "Paymul of Fet.-No fee under rule 3 and rule 4 shall be charged from any person woo is
. below poverty line provided a copy of the certificate issued. by the appropriate Government in this regard is submitted
alongwith the application.
6. Mode of Pay•enl of fee.-Fees und« these rules may be paid in any of the following manner, namely:-
(a) in cash, to the public 8111hority or to the Central Assistanc Public lnfonnllion Officer of the public authority,
as the case may be, against a proper receipt; or ·
(b) by demand draft or bankers cheque or Indian Poscal Order 'payable to the AcC1ounts Officer of �e public
authority; or
(c) by.electronic me111s to the Accounts Officer of the public aulhority, if facility for receiving fees through
electronic me.ins is available with the public authority.
7. Appoillllllent ofScctttary to tbe Co111mlslio.n.-The Central Government shall appoint an officer noc below
lhe rank of Additional Secretary to the Government of India as Sccm.ary to the Commission.
8. kppeal to the CoM111is.sioa.-Any person au,icved by an order passed by the First Appellate Authority or
by non-disposal of his appeal by the First Appellate Authority, may ti lean appal to the Commission in the fonnat given in
the Appendix and shall be accompanied by the following documents, duly authenticated and verified by the appellant.
namely:-
(i) a copy of the application submitted to the Central Public Information Officer;
(ii) acopyofthereply received, ifany, from the Central Public: lnfonnarionOffic:er;
(iiO a copy of the appeal made to the First Appe!late Authority;
(iv) a copy oflhc Order received, if any, from the Fint AppellaceAuthority;
(v) copies of other documents relied upon by the appellant and referred to in his appeal; and
(vi) an index oflhedocumct1tsrcfmed to in the appeal.
9. Returm ofAppeal-An 1ppeal may be returned to chc appellan1, if it is DOI accompanied by the documents as
specified in rule 8, for l'Cl'IJOving the defidencics and fllin'g the appeal complete in al I respects.
10. Process of appeal.-{l)Onreccip<ofan appeal, if the Commission is not s'alisfied thal it is a frtcase to proceed
with, it may, aftCT giving an opponunity of bein& heard to the appellant and after recording iu reasons, dismiss the appeal:
Provided that no appeal shall be dismissed only on lhc ground that it has not been made in the specified format if
it Is accompanied by documents as specified in rule 8.
(2) The Commission shall not consider an appeal unless it is satisfied that the appellant hllS availed of all the
remedies available to him under the Act.
,...
[ ,wr lf-ll'Jl; 3(i)] �-
, (3) For thcpurposcsofsub-rulc(2), a person shall be deemed to have availed of all the remedies available to him
und� the Aci:
(!I) if he had filed an appeal before the First Appellate Autho,-ity and the First Appellate Authority or any ocher
person C0111petcn110 pass oroer on such appeal bed made a final or� on the appeal; or
.Cb)° where no fmal order has been made by the First Appellate Authority wilh l"CJanl to the appeal preferred, ind
a period of forty five days from the date on which such appeal was preferred has elapsed.
11. Prwc:duc for deddlag 1ppuls.-The Commiuion, whilcdecid1ngan appeal �-r--
(i) receive oral or written evidence on oath or on affidavit from concerned or interested person;
' (ii) peruse or inspect documents. public records or copies thereof; ,,..
(iii) inquire lhrough authorised officer funher details or facts;
(iv) hear Central Public Information Officer, Central Assistant Public Information Olficer or the First Appellate
Authority, or such person against whose action the appeal is preferred. as the case may be;
. (v) hear third pany; and
(vi) receive evidence on affidavits from Central Public Information Officer, Central Assistant Public Information
Officer, First Appellate Authority and such other person against whom the appeal lies or the third party.
12. Prae.c-eoftlle appeflut before die Co•mission.-{I) The appellant shall be informed of the date at least
seven clear days before the date of hearing.
(2) The appellant may be present in person or through his duly authorised representative or through video
confecmcing, if the facility of video conferencing is available, at the time of hearing of the appeal by the
Commission.
(3) .Where the Commission is satisfied that tho circumstances exist due to which the appellant is unable 10 anend
the �Iring. then, the Commission may afford the appellant anothcropponunity of being heard before• final
decision is taken or take any other appropriate action as it may deem flt.
13. Presc11tatio• by the Pu btic Authorlty.-The public authority may authorise any representative or any of itJ
officers to present its ca.sc.
14. Service ohorlce by Commlssloa.-The Commi5.'Sion may wue the notice by name, which shall be served in
any of the following modes, namely:-
(i) service by the party itself;
(iO by hand delivery (dasti) through Process Server;
(iii) by registered post with acknowledgement due;
(iv) by electronic mail in case electronic address is available.
15. Onlff oftllc Com•ission.-Thcorderofthe Commission shall be in writing and issued under the seal ofthe
Commission duly authenticated by the Registrar or any other officer authorised by the Commission for this purpose.
[F. No. 1/3S/2009-IRJ
MANOJ JOSHI, Jt. Secy.
APl'f.NOIX
FORMAT OF APPEAL
(Sff Rulel)
I. Name and address of the appellant
2 Name and address of the Central Public Information Officer co whom
the application was addressed
3. Name and address of the Central Public Information Officer who gave
reply to the Application
THE GAZEITE Of IND!A : EXTRAORDINARY [P� ll-8Ec. 3(i)]
4. Name and address of the First Appellate Authority Who decided the
First Appeal
5. Particulars of the application
6. Paniculai-s of1he onler{s) including number; if any, against which the
appeal is preferred
7. Brief facts leading 10 the appeal
8. Prayer or relief sought
9. Grounds for the prayer or relief
10. Any other information relevant lo the appeal
11. Verification/authentication by the appellant
Printed by the Manager, Govemmem or India Press, Ring Rold. Ml)'&puri, Ntw Delhi-I I 0064
and Published by the Controller or Publications. Oelhi-l lOOS4.
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